08-01-2000

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DATE, TIME, PLACE OF MEETING

The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, August 1, 2000, at 5:00 p.m. The meeting was called to order by Wilridge P. Doucet, President. The prayer was led by James W. Karr, Sr.; Mr. Doucet led the Pledge of Allegiance.

ROLL CALL

The roll was called and the following members were present:

Randall C. Armentor, G. Michael Canaday, Wilridge P. Doucet, Clara F. Duhon, Jay L. Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, James W. Karr, Sr., Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, and Elray T. Victorian. Joe A. Andrepont and Ricky Blackwell were absent.

By general consent of the Board, the Supplemental Agenda was approved as part of the regular agenda.

Amend Agenda

On motion by Mr. Fontenot, seconded by Mr. Falgout and unanimously carried, the agenda was amended to discuss the policy pertaining to the delivery day of Board packets.

Mr. Fontenot moved to change the policy regarding the delivery day of Board packets from Thursday to Friday. Mr. Armentor seconded the motion.

J. Duhon moved to amend the motion to table the discussion until the next Board meeting; Mr. Canaday seconded the motion.

Jude W. Theriot, Superintendent, asked that it be made clear that staff was not requesting the change; staff position was the pleasure of the Board.

Motion to table was voted on and failed for lack of a majority vote. Ayes: J. Duhon, C. Duhon, Mr. Karr, Mr. Canaday and Mr. Pitre. Nays: Mrs. Duplechin, Mr. Armentor, Mr. Falgout, Ms. LaVergne, Mr. Robert, Mr. Victorian and Mr. Fontenot.

Motion to change the delivery day of Board packets from Thursday to Friday was voted on and carried by majority vote. J. Duhon voted nay;

C. Duhon abstained.

Mr. Falgout moved to suspend the two-week layover and have the policy change go into effect immediately; Ms. LaVergne seconded the motion. Motion was voted on and carried unanimously.

MINUTES APPROVED

On motion by Mr. Armentor, seconded by J. Duhon and unanimously carried, the minutes of the regular meeting of July 18, 2000, were approved as presented.

 

 

 

 

TAKE APPROPRIATE ACTION

Resolution Approving a Cash Defeasance of the Public School Improvement Sales Tax Revenue Bonds of Sales Tax District No. Three of Calcasieu Parish, Louisiana, ST Series 1994; Approving the Defeasance Indenture Between for the District and the Trust Company of Louisiana; and Providing for Other Matters Related Thereto

Lake Charles, Louisiana

August 1, 2000

The Parish School Board of Calcasieu Parish, Louisiana, met in regular public session at 5:00 o'clock p.m. on Tuesday, August 1, 2000, at the regular meeting place of said Board in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.

President, Wilridge P. Doucet called the meeting to order and on roll call, the following members were present:

Randy Armentor, G. Michael Canaday, Wilridge Doucet, Clara Duhon, J. L. "Jay" Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, James W. Karr, Sr., Sheral "Cookie" LaVergne, James W. Pitre, Greg Robert and Elray T. Victorian

ABSENT: Joe A. Andrepont, Ricky Blackwell

Jude W. Theriot, Board Secretary, also attended. The meeting was called to order and the roll called with the above results.

Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Fontenot and seconded by Mr. Armentor, was adopted by the following vote:

YEAS: Mr. Armentor, Mr. Canaday, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert and Mr. Victorian

 

NAYS: None

The resolution was approved and signed by the President, attested by the Secretary, and provides as follows:

RESOLUTION

A RESOLUTION APPROVING A CASH DEFEASANCE OF THE PUBLIC SCHOOL IMPROVEMENT SALES TAX REVENUE BONDS OF SALES TAX DISTRICT NO. THREE OF CALCASIEU PARISH, LOUISIANA, ST SERIES 1994; APPROVING THE DEFEASANCE INDENTURE BETWEEN FOR THE DISTRICT AND THE TRUST COMPANY OF LOUISIANA; AND PROVIDING FOR OTHER MATTERS RELATED THERETO.

WHEREAS, the Calcasieu Parish School Board (the "Board") officially created Sales Tax District No. Three of Calcasieu Parish, Louisiana (the "District"), by resolution of the Board on December 12, 1989;

 

WHEREAS, an election was held within the District on July 18, 1992, wherein the qualified electors of the District approved and passed a one and one-half percent (1 +%) sales and use tax (the "Tax") within the District for a term of fifteen (15) years from the date of first levy of the Tax;

WHEREAS, in accordance with the terms of the proposition approved by the electorate of the District on July 18, 2000, the Board on behalf of the District on September 8, 1994, executed and delivered to the initial purchasers thereof $5,000,000 Public School Improvement Sales Tax Revenue Bonds of the District, ST Series 1994 (the "Bonds"), which Bonds were and are presently secured by the avails and proceeds of the Tax;

WHEREAS, proceeds of the Bonds as well as the avails of the Tax have been utilized by the Board to provide improvements to the educational buildings and facilities within the District;

WHEREAS, the District on July 15, 2000, at an election called for that purpose, approved an additional one and one-half percent (1 +%) sales and use tax (the "New Tax") to run for a period of twenty (20) years from the initial levy thereof, in order to provide additional improvements to the educational buildings and facilities within the District, as well as the simultaneous cancellation and termination of the Tax, upon the levy of the New Tax;

WHEREAS, the Bonds are secured by and payable from the avails of the Tax, and prior to cancellation and termination of the Tax, the Bonds must be paid or defeased, in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act");

WHEREAS, the Board on behalf of the District is in possession and control of sufficient cash from the avails of the Tax in order to provide a cash defeasance of the Bonds, all in accordance with the provisions of the Act;

WHEREAS, in accordance with the provisions of the Act and in order to adequately protect the interests of the holders and owners of the Bonds, it is necessary for the Board to (i) appoint a trustee to receive a deposit of funds from the Board with which to defease the Bonds; (ii) to approve and adopt and authorize the execution and delivery of an indenture of trust which would provide for defeasance of the Bonds (the "Defeasance Indenture");

WHEREAS, The Bank of New York, Jacksonville, Florida, is the present paying agent of the Bonds, and in order to maximize the financial efficiency of this defeasance it is desirable that The Trust Company of Louisiana replace be named as the new paying agent of the Bonds in the place and stead of The Bank of New York, Jacksonville, Florida,

NOW THEREFORE BE IT RESOLVED by the Calcasieu Parish School Board as follows:

SECTION 1. There is hereby authorized the defeasance of the Bonds in accordance with the provisions of the Act and this resolution.

SECTION 2. The Defeasance Indenture annexed hereto as "Exhibit A" is hereby approved, and the execution and delivery of same by the President and Secretary of this Board is authorized and approved.

SECTION 3. The Trust Company of Louisiana is hereby appointed as the Trustee of the Defeasance Indenture, to serve in such capacity for the benefit and protection of the holders and owners of the Bonds.

SECTION 4. The Trust Company of Louisiana is hereby appointed to replace The Bank of New York, Jacksonville, Florida, as the paying agent of the Bonds.

SECTION 5. All ordinances or resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.

SECTION 6. This resolution shall take effect immediately.

This resolution adopted and passed on this 1st day of August, 2000.

/s/ Wilridge P. Doucet

WILRIDGE P. DOUCET, President

Calcasieu Parish School Board

ATTEST:

/s/ Jude W. Theriot

JUDE W. THERIOT, Secretary

Calcasieu Parish School Board

 

(Other business not pertinent to the present excerpt may be found of record in the official minute book.)

Upon motion duly made and unanimously carried, the meeting was adjourned.

/s/ Wilridge P. Doucet

WILRIDGE P. DOUCET, President

Calcasieu Parish School Board

ATTEST:

/s/ Jude W. Theriot

JUDE W. THERIOT, Secretary

Calcasieu Parish School Board

STATE OF LOUISIANA

 

PARISH OF CALCASIEU

 

I, JUDE W. THERIOT, certify that I am the duly qualified and acting Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board, the governing authority of Sales Tax District No. Three of Calcasieu Parish, Louisiana.

I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the Calcasieu Parish School Board held on August 1, 2000, and of a resolution employing special Bond Counsel, as said minutes and resolution appear officially of record in my possession.

IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the Calcasieu Parish School Board on this 1st day of August, 2000.

/s/Jude W. Theriot

JUDE W. THERIOT, Secretary

 

[S E A L]

Bond Trust Indenture, Sales Tax District No. Three of Calcasieu Parish, Louisiana to The Trust Company of Louisiana as Trustee

SALES TAX DISTRICT NO. THREE

OF CALCASIEU PARISH, LOUISIANA

to

THE TRUST COMPANY OF LOUISIANA

As Trustee

_____________________________________

 

BOND TRUST INDENTURE

 

Dated as of September 1, 2000

 

_____________________________________________

 

Securing a Cash Defeasance of Sales Tax Revenue Bonds, ST Series 1994

TABLE OF CONTENTS

Page

RECITALS -1-

Form of Bond -2-

Granting Clause -5-

ARTICLE I.DEFINITIONS -5-

Definitions -5-

ARTICLE IITHE BONDS -7-

Section 2.01. Amount and Terms -7-

Section 2.02. Mutilated, Destroyed, Lost or Stolen Bonds -8-

Section 2.03. Cancellation and Destruction of Surrendered Bonds -9-

Section 2.04. Procedure Upon Payment of All Outstanding Bonds -9-

Section 2.05. Obligations of the Paying Agent -9-

ARTICLE III.REVENUES AND APPLICATION THEREOF -10-

Section 3.01. Revenues to be Paid Over to Trustee -10-

Section 3.02. Debt Service Fund -10-

Section 3.03. Purchased or Redemption of Bonds -10-

Section 3.04. Procedure When Funds Are Sufficient to Pay All Bonds -10-

Section 3.05. Moneys to be Held For All Holders of Bonds -11-

ARTICLE IV.SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS -11-

Section 4.01. Deposits and Security Therefor -11-

Section 4.02. Investment or Deposit of Funds -11-

Section 4.03. Valuation of Funds -11-

ARTICLE V.REDEMPTION OF BONDS -11-

Section 5.01. Bonds Subject to Redemption; Selection of Bonds to be Called for Redemption -11-

Section 5.02. Notice of Redemption -12-

Section 5.03. Payment of Redemption Price -12-

ARTICLE VI.COVENANTS OF THE TRUSTEE -13-

Section 6.01. Payment of Principal of and Interest on Bonds -13-

Section 6.02. Trustee’s Existence -13-

Section 6.03. Prohibition Against Amendments; Notice of Default -13-

Section 6.04. Protection of Lien -13-

Section 6.05. Extension of Time for Payment of Interest of Principal Prohibited -14-

Section 6.06. Additional Security -14-

Section 6.07. Non-Impairment of Security -14-

Section 6.08. Issuer’s Obligations Limited -14-

ARTICLE VIIEVENTS OF DEFAULT AND REMEDIES -14-

Section 7.01. Events of Default Defined -14-

Section 7.02. Acceleration and Annulment Thereof -15-

Section 7.03. Entry By Issuer -15-

Section 7.04. Legal Proceedings by Issuer -16-

Section 7.05. Discontinuance of Proceedings by Issuer -16-

Section 7.06. Bondholders May Direct Proceedings -16-

Section 7.07. Limitations on Actions by Bondholders -16-

Section 7.08. Issuer May Enforce Rights Without Possession of Bonds -17-

Section 7.09. Remedies Not Exclusive -17-

Section 7.10. Delays and Omissions Not to Impair Rights -17-

Section 7.11. Application of Moneys in Event of Default -17-

ARTICLE VIII.THE TRUSTEE -18-

Section 8.01. Acceptance of Trust -18-

Section 8.02. No Responsibility for Validity of Bonds -18-

Section 8.03. Trustee May Act Through Agents; Answerable Only for Want of Good Faith and Due Diligence -18-

Section 8.04. Compensation and Indemnity -18-

Section 8.05. Notice of Default; Right to Investigate -18-

Section 8.06. Reliance on Documents, Etc -19-

Section 8.07. Trustee May Deal in Bonds -19-

Section 8.08. Construction of Ambiguous Provisions -19-

Section 8.09. Resignation of Trustee -19-

Section. 8.10. Removal of Trustee -19-

Section 8.11. Appointment of Successor Trustee -19-

Section 8.12. Qualification of Successor -19-

Section 8.13. Instruments of Succession -20-

Section 8.14. Merger of Trustee -20-

Section 8.15. Right of Trustee to Pay Taxes and Other Charges -20-

Section 8.16. Intervention by Trustee -20-

ARTICLE IX.ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS -20-

Section 9.01. Acts of Bondholders; Evidence of Ownership -20-

ARTICLE X.AMENDMENTS AND SUPPLEMENTS -21-

Section 10.01. Amendments and Supplements Without Bondholder Consent -21-

Section 10.02. Amendments With Bondholder Consent -21-

Section 10.03. Trustee Authorized to Join in Amendments and Supplements; Reliance on Counsel -21-

ARTICLE XI.DEFEASANCE -21-

Section 11.01. Defeasance -21-

ARTICLE XII.MISCELLANEOUS PROVISIONS -22-

Section 12.01. No Personal Recourse -22-

Section 12.02. Deposit of Funds for Payment of Bonds -22-

Section 12.03. No Rights Conferred on Others -22-

Section 12.04. Illegal, Etc. Provisions Disregarded -23-

Section 12.05. [Reserved] -23-

Section 12.06. Notice to Trustee and Issuer -23-

Section 12.07. Successors and Assigns -23-

Section 12.08. Headings for Convenience Only -23-

Section 12.09. Counterparts -23-

Section 12.10. Applicable Law -23-

 

 

TRUST INDENTURE dated as of September 1, 2000, between Sales Tax District No. Three of Calcasieu Parish, Louisiana, herein represented by its governing authority, the School Board of Calcasieu Parish, Louisiana, a subdivision of the State of Louisiana, organized and existing under and by virtue of the laws of the State of Louisiana, herein represented by it duly authorized and acting President (hereinafter the "Issuer"), and The Trust Company of Louisiana, as Trustee, a state banking corporation organized and existing under the laws of the State of Louisiana, limited to engaging in fiduciary and trust related activities (hereinafter referred to as "Trustee" and/or "Paying Agent").

RECITALS:

A. In furtherance of the statutory purposes set forth in Chapter 14 of Title 39, of the Louisiana Revised Statutes of 1950, as amended (the "Act) the Issuer has entered into this Trust Indenture (such Trust Indenture as the same may be supplemented or amended from time to time being hereinafter referred to as the "Indenture"), with the Trustee, in order to provide for the ash Defeasance by the Issuer of certain of the Issuer’s Public School Improvement Sales Tax Revenue Bonds issued pursuant to a resolution of the Issuer dated August 2, 1994 (the "Resolution"), originally issued in multiples of $5,000, payable to the registered owners thereof, designated ST Series 1994, in the original aggregate principal sum of $5,000,000 (the "Bonds"), as more fully described in a certified copy of the Resolution which is annexed hereto as Exhibit A.

B. In order to eliminate the Issuer’s obligations, pursuant to the Act, and further secure the payment of such Bonds, the Issuer has delivered to the Trustee for the benefit of the Bondholders, the full sum of $__________________, in cash, United States Dollars, in order to effect a full cash defeasance of the Bonds, in compliance with and pursuant to the terms, conditions and limitations of the Act.

C. The execution and delivery of this Indenture has been in all respects duly and validly authorized by resolution duly adopted by the Issuer, a certified copy of which is attached hereto as Exhibit B. The execution and delivery of the Indenture has been in all respects duly and validly authorized by resolution duly adopted by the Trustee, a certified copy of which is attached hereto as Exhibit C.

  1. In order to provide the funds needed for the cash defeasance provided for herein,
  2. the Issuer has duly authorized delivery to the Trustee of all of the various debt service reserve funds and other funds and accounts established pursuant to the Resolution which secure payment of the Bonds, by the paying agent thereof. In order to provide sufficient funds, in addition to the various reserve funds and other accounts, the Issuer will provide to the Trustee the additional sum of $__________, in cash in order to provide sufficient funds to accomplish a full cash defacement under the Act.

  3. The Trustee has informed the Issuer, that a deposit of $____________ in cash

with the Trustee, pursuant to the terms and conditions of this Indenture will fully defease the Bonds, such that the Issuer will be completely relieved of any further obligation or responsibility therefor, pursuant to the terms of the Act.

F. The Bonds are substantially in the following form:

(Form of Bond)

(FACE OF BOND)

UNITED STATES OF AMERICA STATE OF LOUISIANA

PARISH OF CALCASIEU

REGISTERED REGISTERED

NO. R- $

PUBLIC SCHOOL IMPROVEMENT

SALES TAX REVENUE BOND OF

SALES TAX DISTRICT NO. THREE OF

CALCASIEU PARISH, LOUISIANA

ST SERIES 1994

INTEREST RATE: MATURITY DATE:

Sales Tax District No. Three of Calcasieu Parish, Louisiana (herein called the "Issuer"), for value received, hereby acknowledges itself indebted and promises to pay to

 

 

 

REGISTERED OWNER:

PRINCIPAL AMOUNT:

(Lower Left)

OFFICE OF SECRETARY OF STATE

STATE OF LOUISIANA

BATON ROUGE, LOUISIANA

Incontestable. Secured by a pledge and dedication

of a sales and use tax in Sales Tax District

No. Three of Calcasieu Parish, Louisiana.

Registered on this day of September, 1994.

SECRETARY OF STATE

PAYING AGENT/REGISTRAR'S

CERTIFICATE OF REGISTRATION

This Bond is one of the Bonds referred

to in the within mentioned Bond Resolution.

The Calcasieu Marine National Bank of Lake Charles

in the City of Lake Charles, Louisiana,

as Paying Agent/Registrar

By:

Date of Authentication:

(Lower Right)

or registered assigns, on the maturity date set forth above, the principal amount set forth above, together with interest thereon from the date hereof, said interest payable semi-annually on March 1 and September 1 in each year, beginning March 1, 1995, at the interest rate per annum set forth above until said principal sum is paid, unless this Bond has been previously called for redemption and payment shall have been duly made or provided for. The principal of this Bond upon maturity or redemption is payable in lawful money of the United States of America at the principal corporate trust office of The Calcasieu Marine National Bank of Lake Charles, located in the City of Lake Charles, Louisiana (the Paying Agent/Registrar), or successor thereto, upon presentation and surrender hereof. Interest on this Bond is payable by check mailed on each interest payment date by the Paying Agent/Registrar to the registered owner (determined as of the 15th calendar day of the month next preceding said interest payment date) at the address, as shown on the books of the Paying Agent/Registrar.

REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.

This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution defined hereinafter until the Certificate of Registration hereon shall have been signed by the Paying Agent/Registrar.

IN WITNESS WHEREOF, the Calcasieu Parish School Board, acting as governing authority of Sales Tax District No. Three of Calcasieu Parish, Louisiana, has caused this Bond to be executed in its name by the facsimile signatures of its President and Secretary and the impress or imprint hereon of the seal of said School Board, and this Bond to be dated September 1, 1994.

CALCASIEU PARISH SCHOOL

BOARD, governing authority of

SALES TAX DISTRICT NO. THREE

OF CALCASIEU PARISH, LOUISIANA

/s/ [facsimile] /s/ [facsimile]

SECRETARY PRESIDENT

 

 

 

 

 

(REVERSE OF BOND)

ADDITIONAL PROVISIONS

This Bond is one of an issue, the Bonds of which are all of like date, tenor and effect, except as to the number, maturity and rate of interest, aggregating in principal the sum of FIVE MILLION AND N0/100 ($5,000,000) DOLLARS; said Bonds to mature annually, issued pursuant to a resolution adopted on August 2, 1994 by the Calcasieu Parish School Board, governing authority of the Issuer (the "Bond Resolution"), under and by virtue of Article VI, Section 29(A) of the Constitution of 1974 of the State of Louisiana, Section 2721.6 of Subpart D of Part I of Chapter 6 of Title 33, and Subpart F of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter, and pursuant to proceedings regularly and legally taken on behalf of the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds, purchasing, erecting, enlarging and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor.

This Bond and the issue of which it forms a part are payable solely out of the receipts from the levy and collection of a tax of one and one-half percent (1-1/2%) upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services within Sales Tax District No. Three of Calcasieu Parish, Louisiana. This Bond and the issue of which it forms a part constitute a borrowing solely upon the credit of the sales and use tax revenues received by Sale Tax District No. Three of Calcasieu Parish, Louisiana, and shall not constitute an indebtedness or pledge of the general credit of the Issuer within the meaning of any constitutional or statutory provision relating to the incurring of indebtedness. No member of the Calcasieu Parish School Board or officer thereof or any person executing this Bond shall be personally responsible therefor.

The Paying Agent/Registrar for this issue is The Calcasieu Marine National Bank of Lake Charles, Lake Charles, Louisiana. This Bond shall pass by delivery on the books of the Issuer to be kept for that purpose at the principal corporate trust office of the Registrar and such registration is noted hereon. After such registration no transfer shall be valid unless made on said books at said office by the registered owner in person or by his duly authorized attorney and similarly noted hereon. This Bond may not be discharged from registration by like transfer to bearer. The Issuer and the Registrar may treat the registered owner as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and shall not be bound by any notice to the contrary.

Those Bonds maturing in the years 1995 to 1999, inclusive, shall not be subject to redemption prior to maturity. Those Bonds, or portions thereof in multiples of $5,000, maturing in the years 2000 to 2007, inclusive, shall be subject to redemption prior to their stated maturities, at the option of the Issuer, in such order as the Issuer may determine and by lot within any maturity, on any interest payment date on or after September 1, 1999, at par and accrued interest to the date fixed for redemption.

Official notice of such call for redemption of any of the Bonds shall be given not less than thirty (30) days prior to the redemption date by means of registered or certified mail by notice deposited in the United States mail addressed to the Paying Agent/Registrar and to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent/Registrar. In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed.

It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond necessary to constitute the same as a legal, binding and valid special obligation of the Issuer, have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond, does not exceed any limitation prescribed by the Constitution and statutes of the State of Louisiana.

 

 

 

 

 

ASSIGNMENT

FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto

the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints

attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

Dated:

NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

The previous execution and delivery of the Bonds was authorized pursuant to the Resolution, the execution and delivery of the Indenture has been duly authorized and all things necessary to fully cash defease the Bonds, upon delivery of the deposits, provided for hereinabove, and to make this Indenture a valid delivery and surrender of the revenues herein made to the payment of principal or redemption price of, and interest on, the Bonds has been done.

Granting Clause

NOW, THEREFORE, THIS INDENTURE WITNESSETH, That to provide for the payment of principal or redemption price (as the case may be) in respect of the Bonds issued and outstanding under the Resolution, together with interest thereto, the rights of the Bondholders and the performance of the covenants contained in said Bonds and herein, the Issuer has caused the paying agent of the Bonds to deliver the Deposits (hereinafter defined) to the Trustee, and does hereby sell, assign, transfer, set over, deliver, convey, donate and pledge unto, and grant a security interest to The Trust Company Of Louisiana, Trustee, its successors in trust and its assigns forever all of the right, title and interest of the Issuer in and to the Deposits, and the moneys payable thereunder pursuant to the Act in order to effect a full cash defeasance of the Bonds.

TO HAVE AND TO HOLD in trust, nevertheless, for the equal and ratable benefit and security for all present and future holders of the Bonds issued and to be delivered under the Resolution, without preference, priority or distinction as to lien or otherwise (except as herein expressly provided), of any one Bond over any other Bond upon the terms and subject to the conditions hereinafter set forth.

 

ARTICLE I.

DEFINITIONS

Definitions

In this Indenture and any indentures supplemental hereto (except as otherwise expressly provided or unless the context otherwise requires) the singular includes the plural, the masculine includes the feminine, and the following terms shall have the meanings specified in the foregoing recitals:

Act Bonds

Issuer Indenture

Trustee Resolution

In addition, the following terms shall have the meaning specified in this Article unless the context clearly requires otherwise:

"Authorized Newspaper" means a newspaper or financial journal in English customarily carrying financial news, published each business day, generally circulated in the City of New Orleans, Louisiana or in the City of New York, New York. When successive publications in an Authorized Newspaper are required, they may be made in the dame or different Authorized Newspapers.

"Bond" or "Bonds" means any bond or bonds authenticated and delivered under the Resolution.

"Bondholder" or "holder of Bonds" or "owner of Bonds" means the registered owner of any Bond.

"Counsel" means an attorney at law or law firm (who may be counsel for the Issuer or the Trustee) satisfactory to the Trustee.

"Deposit" means the funds delivered to the Trustee by the Issuer, pursuant to this Indenture, which funds are acquired by the Issuer, not only from the Issuer’s unencumbered and undedicated funds, but also from such debt service reserve and all such other funds of like term and denomination established by the Resolution upon the initial issuance and delivery of the Bonds. The Deposit shall be $_________________ Dollars.

"Debt Service Requirements", with reference to a specified period means:

A. Amounts needed to pay the principal installments of the Bonds maturing during the period; and

B. Interest payable on the Bonds during the period.

"Government Obligations" means direct obligations of, or obligations the principal and interest on which are unconditionally guaranteed in full by, the United States of America.

"Indenture" means this Trust Indenture as amended or supplemented at the time in question.

"Investment Securities" means and includes (i) direct general obligations of, or obligations of, or obligations the payment of the principal of and interest on which are unconditionally guaranteed by the United States of America; (ii) direct or consolidated obligations of any of the following Federal agencies; Banks for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Federal National Mortgage Association, Government National Mortgage Association, Farmers Home Administration and the Federal Financing Banks; (iii) direct or consolidated obligations of any federal agency; (iv) savings and loan association or bank savings accounts and negotiable and non-negotiable certificates of deposit, including those issued by the Trustee, provided that all amounts in such accounts or certificates of any savings and loan association, bank, trust company or national banking association not having a combined capital and surplus of $10,000,000 shall be collaterally secured by securities which are described above in clauses (i) and (ii) as being eligible and which have a continuing market value (exclusive of accrued interest) at least equal to the amount held in such savings accounts or held under such certificates of deposit; (v) bonds or debentures of any corporation organized and existing under the laws of one of the states of the United States of America having a rating of AAA or equivalent by Standard & Poor’s Corporation or Moody’s Investors Service, Inc., (vi) money market funds containing portfolios fully invested in (i) or (ii); (vii) zero coupon certificates of deposit, certificates that represent ownership of a portion of a pool of securities (CATS or TIGR’S), and any investment approved by the trust committee of the Trustee.

"Outstanding", in connection with the Bonds means, as of the time in question, all Bonds delivered under the Resolution, except:

A Bonds heretofore cancelled or required to be cancelled;

Bonds for the payment or redemption of which the necessary amount shall have been deposited with the Paying Agent (hereinafter defined); and

Bonds in substitution for which other Bonds have been authenticated and delivered.

"Paying Agent" shall mean The Trust Company of Louisiana of Ruston, Louisiana.

"Recognized Bond Counsel" shall mean counsel listed in the List of Municipal Bond Attorneys as published semiannually by The Bond Buyer, or any successor.

"School Board" means the Calcasieu Parish School Board, Governing Authority of the Issuer, situated in Calcasieu Parish, Louisiana.

"State" means the State of Louisiana.

 

The words "hereof", "herein", "hereto", "hereby" and "hereunder" (except in the form of Bond) refer to the entire Indenture.

ARTICLE II

THE BONDS

Section 2.01. Amount and Terms. The Bonds shall be limited to only such Bonds as are presently Outstanding from the original aggregate issue of $5,000,000 in aggregate principal amount, and shall be in substantially the form and contain the terms recited above. Upon making the Deposit with the Trustee, there shall be no other recourse, by either Bondholders or the Trustee, against the Issuer or any other property now or hereafter owned by the Issuer. The Bonds, upon making the Deposit with the Trustee, will not longer be a debt, general or special, liability or moral obligation of the Issuer, the School Board, or the State, or of any political subdivisions thereof, and neither the faith and credit nor the taxing power of said Issuer, School Board or State or of any political subdivision thereof will any longer be pledged to the payment of the principal of, premium, if any, or the interest on the Bonds. The Bonds shall become a general obligation of the Trustee, to the extent of the Deposit and to the extent of the Trustee’s obligations hereunder. The Issuer will cause the opinion of Recognized Bond Counsel to be delivered to the Trustee.

The Bonds have and shall mature and bear interest as set forth below:

BOND PAYMENT SCHEDULE

$5,000,000

PUBLIC SCHOOL IMPROVEMENT

SALES TAX REVENUE BONDS

OF SALES TAX DISTRICT NO. THREE

OF CALCASIEU PARISH, LOUISIANA

ST SERIES 1994

Calcasieu Parish Public School Improvement District No. Three

Sales Tax Revenue Bonds

ST Series 1994

 

 

 

 

 

 

 

 

 

 

 

 

Payment

Interest

Principal

Interest Rate

 

 

 

 

 

 

 

 

 

 

3/1/95

$145,546.88

$145,546.88

 

 

 

 

9/1/95

$400,546.88

$145,546.88

$255,000.00

7.50%

3/1/96

$135,984.38

$135,984.38

 

 

 

 

9/1/96

$410,984.38

$135,984.38

$275,000.00

7.375%

3/1/97

$125,843.75

$125,843.75

 

 

 

 

9/1/97

$415,843.75

$125,843.75

$290,000.00

7.25%

3/1/98

$115,331.25

$115,331.25

 

 

 

 

9/1/98

$425,331.25

$115,331.25

$310,000.00

7.125%

3/1/99

$104,287.50

$104,287.50

 

 

 

 

9/1/99

$434,287.50

$104,287.50

$330,000.00

7.00%

3/1/00

$92,737.50

$92,737.50

 

 

 

 

9/1/00

$442,737.50

$92,737.50

$350,000.00

4.90%

3/1/01

$84,162.50

$84,162.50

 

 

 

 

9/1/01

$459,162.50

$84,162.50

$375,000.00

5.00%

3/1/02

$74,787.50

$74,787.50

 

 

 

 

9/1/02

$474,787.50

$74,787.50

$400,000.00

5.10%

3/1/03

$64,587.50

$64,587.50

 

 

 

 

9/1/03

$489,587.50

$64,587.50

$425,000.00

5.20%

3/1/04

$53,537.50

$53,537.50

 

 

 

 

9/1/04

$503,537.50

$53,537.50

$450,000.00

5.30%

3/1/05

$41,612.50

$41,612.50

 

 

 

 

9/1/05

$521,612.50

$41,612.50

$480,000.00

5.40%

3/1/06

$28,892.50

$28,892.50

 

 

 

 

9/1/06

$543,892.50

$28,892.50

$515,000.00

5.50%

3/1/07

$14,987.50

$14,987.50

 

 

 

 

9/1/07

$559,987.50

$14,987.50

$545,000.00

5.60%

 

 

$7,164,597.52

 

 

$5,000,000.00

 

 

Section 2.02. Mutilated, Destroyed, Lost or Stolen Bonds. If any Bond shall become mutilated, the Paying Agent may execute, authenticate and deliver a new Bond of like tenor and denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Paying Agent of such mutilated Bond for cancellation, and the Paying Agent shall require reasonable indemnity therefor. If any Bond shall be reported lost, stolen or destroyed, evidence as to the ownership and the loss, theft or destruction thereof shall be submitted to the Paying Agent; and if such evidence shall be satisfactory to the Paying Agent and indemnity satisfactory, the Issuer shall execute and thereupon the Paying Agent shall authenticate and deliver, a new Bond of like tenor and denomination. The cost of providing any substitute Bond under the provisions of this Section shall be borne by the Bondholder for which benefit such substitute Bond shall have matured or be about to mature, the Paying Agent may pay to the owner the principal amount of such Bond upon the maturity thereof and the compliance with the aforesaid conditions by such owner, without the issuance of a substitute Bond therefor, and likewise pay to the owner the amount of the accrued interest thereon, if any, which would have been attributable to such a substitute Bond had one been issued.

Every substitute Bond issued pursuant to this Section 2.02. shall constitute a contractual obligation of the Trustee, whether or not the Bond alleged to have been destroyed, lost or stolen shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Indenture equally and proportionately with any and all other Bonds duly issued hereunder.

All Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment or mutilated, destroyed, lost or stolen Bonds, and shall preclude any and all other rights or remedies, notwithstanding any low or statute existing or hereafter enacted to the contrary with respect to the replacement or payment of negotiable instruments or investment or other securities without their surrender.

Section 2.03. Cancellation and Destruction of Surrendered Bonds. Bonds surrendered for payment or redemption and Bonds purchased from any fund established under the Resolutions shall be tendered by the Paying Agent to the Trustee for cancellation and destruction by the Trustee. The Trustee shall deliver to the Issuer a certificate of destruction in respect to all Bonds so destroyed. The Trustee shall require surrender of the physical certificate evidencing the Bonds prior to payment at maturity of the principal thereof.

Section 2.04. Procedure Upon Payment of All Outstanding Bonds. Upon payment of all Outstanding Bonds, the Trustee shall furnish to the Issuer a certificate signed by a duly authorized officer of the Trustee, showing payment of all Outstanding Bonds and certifying that no Bonds are remaining Outstanding and unpaid.

Section 2.05. Obligations of the Paying Agent. Notwithstanding any other provisions of this Indenture to the contrary, the obligations and responsibilities of the Paying Agent hereunder shall be and are hereby limited to the following duties and responsibilities, to-wit:

The Paying Agent shall notify the Trustee, in a reasonable and timely manner, of the Paying Agent’s receipt of funds from the Trustee for the payment of principal, interest and premium, if any, to the holders of Outstanding Bonds; The Paying Agent shall notify the Trustee, in a reasonable and timely manner, of payments made to the holders of Outstanding Bonds, of the Bonds redeemed by the Paying Agent and of the Bonds remaining Outstanding; and

The Paying Agent shall timely transmit to the holders of the Outstanding Bonds, from funds received by the Paying Agent from the Trustee, funds sufficient to pay the principal of, interest on and premium, if any, on the Outstanding Bonds.

 

ARTICLE III.

REVENUES AND APPLICATION THEREOF

Section 3.01. Revenues to be Paid Over to Trustee. Pursuant to the Indenture, the Deposit and all of the revenues therein contained shall be paid directly to the Trustee by the Issuer and the Paying Agent. Upon receipt of the Deposit from the Issuer and the Paying Agent, the Trustee shall deposit same in accordance with this Article III.

 

 

Section 3.02. Debt Service Fund. The Trustee shall establish a Debt Service Fund into which the Trustee shall deposit the Deposit made by the Issuer and the Paying Agent, from which Debt Service Fund future payments in respect of all interest and maturing principal on the Bond and all payments shall be made. The Trustee shall invest the funds, acquired from the Deposit, and utilize the earnings acquired from such investments, as well as the monies acquired from the Deposit, to pay the principal of the Bonds as they mature and upon surrender thereof and the interest on the Bonds as it becomes payable, together with premium if any thereon. The Trustee may establish separate accounts within the Debt Service Fund. When Bonds are purchased or redeemed, the amount, if any, in the Debt Service Fund representing interest thereon shall be applied to the payment of accrued interest in connection with such redemption or purchase and any excess moneys reserved for such interest but not needed, together with any amount representing principal on the Bonds purchased or redeemed from other moneys, shall be reinvested in Government Obligations or Investment Securities.

Section 3.03. Purchased or Redemption of Bonds. If the Debt Service Fund is to be used for the purchase or redemption of Bonds, the Trustee shall apply the amount to be used to the purchase of Bonds at the lowest prices reasonably obtainable provided that the purchase price (exclusive of accrued interest) shall not exceed the then current or next applicable redemption price for such Bonds.

Section 3.04. Procedure When Funds Are Sufficient to Pay All Bonds. If at any time the amounts held by the Trustee in the Debt Service Fund established under this Article III are sufficient to pay principal and interest on all bonds then Outstanding to maturity or prior redemption, together with any amounts due the Trustee, the Trustee shall notify the Issuer to that effect and thereafter the Trustee may, at the option and discretion of the Trustee, apply the accounts in the funds to the payment of such principal and interest and redemption price, if any. Should the Trustee have funds on hand following the payment of all Bonds Outstanding, then and in that event such remaining funds shall become the property of the Issuer.

Section 3.05. Moneys to be Held For All Holders of Bonds. Moneys and investments in the various funds created under or pursuant to this Article III shall, until applied as provided with respect to the payment of all Bonds Outstanding, be held in trust by the Trustee for the benefit of the holders of all Outstanding Bonds.

ARTICLE IV.

SECURITY FOR AND INVESTMENT OR DEPOSIT OF FUNDS

Section 4.01. Deposits and Security Therefor. All moneys received by the Trustee under this Indenture for Deposit in any fund established hereunder shall except as hereinafter provided, be deposited in trust with the Trustee, and, until or unless invested or deposited as provided in Section 4.02, shall, to the extent not insure, be fully secured as to both principal and interest by Government Obligations or Investment Securities. If at any time the Trustee is unwilling to accept such deposits or unable to secure them as provided above, the Trustee may deposit such money with any other depository which is authorized to receive them and the deposits of which are insured by the Federal Deposit Insurance Corporation. All deposits in any other depository in excess of the amount covered by insurance (whether under this Section or Section 4.02 as aforesaid) shall, to the extent permitted by law, be fully secured as to both principal and interest by Government Obligations.

Section 4.02. Investment or Deposit of Funds. The Trustee shall invest moneys held in the Debt Service Fund only in Government Obligations or Investment Securities. The interest and income received upon such investments and any interest paid by the trustee or any other depository holding such investments on behalf of the Trustee and any profit or loss resulting from thesale of securities shall be added or charged to that investment. The Trustee shall sell such securities as may be required or may be necessary to make payment to the holders of the Outstanding Bonds. The Issuer shall not be accountable for any depreciation in the value of any such security or investment made by the Trustee, or for any loss resulting from the sale thereof. The Issuer shall not have any right to direct the Trustee to make any investments other than the investments expressly provided for herein.

Section 4.03. Valuation of Funds. In computing the assets of any fund or account, investments and accrued interest thereon shall be deemed a part thereof. Such investments shall be valued at the face value or the current market value thereof, whichever is lower, or at the redemption price thereof, if then redeemable at the option of the holder.

 

ARTICLE V.

REDEMPTION OF BONDS

Section 5.01. Bonds Subject to Redemption; Selection of Bonds to be Called for Redemption. The Bonds are subject to redemption prior to maturity as provided in the form of the Bonds hereinbefore recited, as well as in the Resolution. Bonds may not be redeemed by the Trustee, except in accordance with the provisions of the Indenture, the form of the Bonds provided for hereinabove and the Resolution. In the case of a Bond of a denomination greater than $5,000, the Trustee shall treat such Bond as representing the number of separate Bonds of a series each of the denomination of $5,000 as can be obtained by dividing the actual principal amount of such Bonds by $5,000. The Issuer may not call Bonds for redemption nor may Issuer direct the Trustee to call Bond for redemption. The Trustee shall furnish the Issuer with a copy of its notification to redeem Bonds.

Section 5.02. Notice of Redemption. When required to redeem Bonds under any provisions of this Indenture, the Bond form provided hereinabove, or the terms of the Resolution, the Trustee shall cause notice of the redemption to be published in accordance with the express provisions of the Bond form provided hereinabove and the Resolution. In addition the Trustee shall at all reasonable times make available to any interested party complete information as to Bonds which have been redeemed or called for redemption and shall mail copies of all notices of redemption to all registered owners of Bonds, to redeemed at their registered address and also to the Daily Bond Buyer, Standard and Poor’s Corporation and Moody’s Investors Service, Inc. or their respective successors, if any, but failure to mail any such notice or any defect in the mailing thereof shall not affect the validity of the redemption. Any such notice shall be given in the name of the Issuer, shall identify the Bonds to be redeemed, shall specify the redemption date and the redemption price, and shall state that on the redemption date the Bonds called for redemption will be payable at the principal corporate trust office of the Paying Agent and that from that date interest will cease to accrue. The Trustee shall cause a notice of redemption to be given by means of first class mail (postage prepaid) not less than thirty (30) days before the redemption date with respect to the Bonds, addressed to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent for the Bonds.

If at the time of mailing of notice of redemption the Trustee does not have sufficient monies to redeem all the Bonds called for redemption, such notice may state that it is conditional, that is, subject to the actual monies available for such purpose in possession of the Trustee. Such notice shall have no effect beyond the monies available in the possession of the Trustee for the redemption of Bonds.

Section 5.03. Payment of Redemption Price. If (a) unconditional notice of redemption has been duly published or duly waived in writing by the holders of all Bonds called for redemption or (b) conditional notice of redemption has been so published or so waived and the Trustee has sufficient monies available, then in either case the Bonds called for redemption shall be payable on the redemption date at the applicable redemption price, together with interest accrued thereon to the redemption date. Payment of the redemption price together with accrued interest shall be made by the Trustee to the Paying Agent for the holders of the Bonds called for redemption upon surrender of such Bonds. The redemption price, including accrued interest, the expenses of giving notice and any other expenses of redemption shall be paid out of the Debt Service Fund.

ARTICLE VI.

COVENANTS OF THE TRUSTEE

Section 6.01. Payment of Principal of and Interest on Bonds. The Trustee shall promptly pay the principal of and the interest on every Bond provided for hereunder according to the terms thereof. The Trustee may appoint one or more paying agents for such purpose, each such agent to be a national banking association having trust powers, a bank and trust company, or a trust company provided said paying agent has a capital and surplus in excess of $25,000,000.

Section 6.02. Trustee’s Existence. The Trustee shall maintain and renew its existence and all its rights, powers, and privileges; and shall comply with all valid and applicable laws, acts, rules, regulations, permits, orders, requirements and directions of any legislative, executive, administrative or judicial body.

Section 6.03. Prohibition Against Amendments; Notice of Default. So long as the Trustee shall not be in default of its obligations hereunder, the Trustee may exercise

all its rights under the Indenture; provided that he Trustee shall not amend the Indenture in any manner, except as permitted by Section 10.03 hereof nor shall the Trustee grant any waivers with respect to any failures of the Issuer or any person, firm or corporation. Prior to making any amendment to the Indenture, the Trustee shall file with the Issuer (i) a copy of the proposed supplement or amendment and (ii) an opinion of Recognized Bond Counsel to the effect that such amendment or supplement will not have an adverse effect on the exemption of interest on the Bonds from Federal income tax, increase materially the obligations of the Issuer hereunder, nor violate the terms of the Act or of any other law and, unless the Issuer shall have otherwise given it s consent to such amendment or supplement, to the further effect that such amendment or supplement will not otherwise adversely effect the interest of Bondholders. The Trustee shall give prompt notice to the Issuer of any default known to the Trustee under the Indenture or any amendment or supplement thereto.

Section 6.04. Protection of Lien. The Trustee shall cause this Indenture to be recorded or filed, in such manner and at such places as may be required by law fully to protect the security of the holders of the Bonds and the rights, title and interest of the holders of the Bonds under the Act in and to the trust estate or any part thereof. From time to time, as reasonably requested by the Issuer, the Trustee shall furnish to the Issuer an opinion of Counsel setting forth what, if any, actions by the Issuer or trustee should be taken to preserve such security. The Trustee shall execute or cause to be executed any and all further instruments as may be required by law or as shall reasonably be requested by the Issuer for such protection of the interest of the Bondholders, and shall furnish satisfactory evidence to the Issuer of filing and refiling of such instruments and of every additional instrument which shall be necessary to preserve the lien of the Indenture upon the trust estate or any part thereof and the lien and security interest of the Bondholders until the principal of and interest on the Bonds secured hereunder shall have been paid. The Trustee and the Issuer shall execute or join in the execution of any such further or additional instruments and file or join in the filing thereof at such tie or times and in such place or places as it may be advised by an opinion of Counsel will preserve the lien of his Indenture upon the trust estate or any part thereof and the lien and security interest of the Bondholders until the aforesaid Bonds shall have been paid according to their tenor in full.

Section 6.05. Extension of Time for Payment of Interest of Principal Prohibited. The Trustee shall not directly or indirectly extend the time for payment of any interest or principal appertaining to, or claim for interest or principal on, any of the Bond and shall not directly or indirectly be a party to or approve any arrangement therefor.

Section 6.06. Additional Security. The Trustee covenants, whenever and so often as reasonably required to do so that it will promptly execute and deliver or cause to be executed and delivered all such other and further instruments, documents or assurances, and to promptly do or cause to be done all such other further things, as may be necessary or reasonably required in order t further an more fully vest in the Bondholders all rights, interests, powers, benefits, privileges and advantages conferred or intended to be conferred upon the Bondholders by this Indenture, and to carry our the purposes of this Indenture.

Section 6.07. Non-Impairment of Security. The Trustee covenants that so long as any of the Bonds issued pursuant to this Indenture or the Resolution are Outstanding and are unpaid, it will not take any action which will reduce the amount of monies made available hereunder to the Bondholders, or which will in any manner impair or adversely affect the rights of the Issuer, or the Bondholders to the security provided by this Indenture.

Section 6.08. Issuer’s Obligations Limited. Nothing in the Indenture is intended to require or obligate nor shall anything herein be interpreted to require or obligate the Issuer for any purpose or at any time whatsoever, to provide, apply, or expend any funds coming into the hands of the Issuer other than the funds delivered to the Trustee in the Deposit herein. Following delivery of the Deposit to the Trustee herein by the Issuer, Issuer shall have no further obligation to the Bondholders or the Trustee, other than those obligations expressly set forth herein. Moreover, pursuant to the terms of the Act, following delivery of the Deposit to the Trustee, the obligations expressed in the Bonds and the Resolution shall be defeased, and the Issuer shall have no further obligation with respect to such Bonds. Finally, the Bonds shall no longer be considered as outstanding in computing any constitutional or statutory debt limitation with respect to issuance of securities by the Issuer; and, the Issuer shall be released from the covenants, agreements, and obligations contained in the Bonds and the Resolution.

 

 

ARTICLE VII

EVENTS OF DEFAULT AND REMEDIES

Section 7.01. Events of Default Defined. Each of the following shall be an "Event of Default" hereunder:

If payment of the principal or redemption price of any Bond is not made when it becomes due and payable at maturity or upon call for redemption; or

If payment of any installment of interest on any Bond is not made when it becomes due and payable.

Section 7.02. Acceleration and Annulment Thereof. If any Event of Default occurs, the Issuer may, and upon request of the holders of 51% in aggregate principal amount of the Bonds then Outstanding, shall, by notice in writing to the Trustee, declare the principal of all Bonds then Outstanding to be immediately due and payable; and upon such declaration the said principal, together with interest accrued thereon, shall become due and payable immediately at the place of payment provided therein, anything in the Indenture or in said Bonds to the contrary notwithstanding. Upon any declaration of acceleration hereunder, the Issuer shall immediately require the Trustee to surrender all funds, investments, securities, the Debt Service Fund, and all other rights and privileges in possession f the Trustee hereunder. Following such a declaration of acceleration hereunder, and the surrender of the Trustee, as provided in the preceding sentence, the Issuer may proceed to pay to the Bondholders such funds as are available for payment. Thereafter, should there be any deficiency whatsoever, the Issuer may, with the consent of the Bondholders, institute such legal proceedings as may be necessary to recover fromthe Trustee any such deficiency. Absent the consent of the Bondholders, the Bondholders may institute such legal proceedings to recover from the Trustee any deficiency on their own behalf.

If, after the principal of said Bonds has been so declared to be due and payable, all arrears of principal of and interest upon the Bond (excluding principal due solely as a result of such declaration, but including any interest on overdue installments of interest at the rate borne by the Bonds) are paid or caused to be paid by the trustee, and the Trustee also performs all other things in respect to which it may have been in default hereunder, and pay the reasonable charges of the Issuer, the Bondholders and any receiver appointed in respect of the Bonds, including reasonable attorney’s fees, then, and in every such case, the Holders of a majority in aggregate principal amount of the Bonds then Outstanding, by notice to the Trustee may annul such declaration and its consequences and such annulment shall be binding upon the Issuer and upon all Bondholders secured hereunder; but no such annulment shall extend to or affect any subsequent default or impair any right or remedy consequent thereon.

Section 7.03. Entry By Issuer. If any Event of Default has occurred and is continuing the Issuer before or after declaring the principal of the Bonds immediately due and payable, (a) may enforce each and every right granted to it under the Indenture, and any supplements or amendments thereto, and (b) insofar as such right may be lawfully conferred upon the Issuer, may, but its agents or attorneys, with or without process of law, enter upon and take and maintain possession of all or any part of the Trustee’s records, documents, books, papers and accounts of the investments, funds, Debt Service Fund and all other rights and privileges relating thereto, and may, as the attorney in fact or agent of the Trustee, being thereunto hereby duly authorized, or in its own name as Issuer, hold, manage and collect the investments and other privileges and rights acquired by the Trustee as a result of the Indenture and the Deposit provided for herein. After declaring the principal of the Bonds to be immediately due and payable, the Issuer may also enforce each and every right granted to the Trustee hereunder.

In exercising such rights, the Issuer shall take such action as directed by 51% of the Bondholders, or the Bond insurer, if any, and if no such direction is forthcoming, as, in the judgment of the Issuer wold best serve the interests of the Bondholders.

Section 7.04. Legal Proceedings by Issuer. If any Event of Default has occurred and is continuing, the Issuer in its discretion may, and upon the written request of the Holders of 51% in aggregate principal amount of the Bonds and receipt of indemnity to its satisfaction, shall (subject to Section 7.02 hereof), in its own name:

By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bondholders, including enforcement of, and the right to collect all amounts payable under the Indenture arising from the Deposit and to carry out any other provisions of this Indenture for the benefit of the Bondholders;

 

By action suit or in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Bondholders.

Section 7.05. Discontinuance of Proceedings by Issuer. If any proceeding taken by the Issuer on account of any Event of Default is discontinued or is determined adversely to the Issuer, the Issuer and the Bondholders shall be restored to their former positions an rights hereunder as though no such proceeding had been taken.

Section 7.06. Bondholders May Direct Proceedings. Subject to the rights of the Issuer herein, the holders of a majority in aggregate principal amount of the Bonds Outstanding hereunder shall have the right to initiate and direct all remedial proceedings against the Trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions of this Indenture, and that the issuer shall not be required to comply with any such direction which it deems in good faith to be unlawful or unjustly prejudicial to Bondholders not parties to such direction.

Section 7.07. Limitations on Actions by Bondholders. No Bondholder shall have any right to pursue any remedy hereunder unless:

The Trustee shall have been given written notice of an Event of Default,

The holders of at least 51% in aggregate principal amount of the Bonds then Outstanding shall have requested the Issuer, in writing, to exercise the powers hereinabove granted or to pursue such remedy in its or their name or names,

The Issuer shall have been offered indemnity reasonably satisfactory to it against costs, expenses and liabilities, and

The Issuer shall have failed to comply with such request within a reasonable time;

provided that nothing herein contained shall preclude the holder of any Bond with respect to which an event of default under the Resolution has occurred and is continuing from bringing an action at law to enforce the right of payment on such Bond.

Section 7.08. Issuer May Enforce Rights Without Possession of Bonds. All rights under the Indenture and the Bonds may be enforced by the Issuer, against the trustee where an event of Default ha occurred, without the possession of any Bonds or the production thereof at the trial or other proceedings relative thereto, and any proceeding instituted by the Issuer shall be brought in its name for the ratable benefit of the Bondholders.

Section 7.09. Remedies Not Exclusive. No remedy herein conferred is intended to be exclusive of any other remedy or remedies, and each remedy is in addition to every other remedy given hereunder, or at law in equity or by statute.

Section 7.10. Delays and Omissions Not to Impair Rights. No delay or omission in respect of exercising any right or power accruing upon any Event of Default shall impair such right or power or be a waiver of such Event of Default and every remedy given by this Article may be exercised from time to time and as often as may be deemed expedient.

Section 7.11. Application of Moneys in Event of Default. Any moneys received by the Issuer under this Article VII shall be applied:

First: to the payment of the costs of the Issuer, including reasonable Counsel fees; and

Second: to the payment of principal or redemption price (as the case may be) and interest then owing on the Bonds, and in case such money shall be insufficient to pay the same in full, then to the payment of principal or redemption price and interest ratably, without preference or priority of one Bond over anther, and without preference or priority of any installment of interest over any other installment of interest.

 

The surplus, if any, shall be paid to the Trustee or the person lawfully entitled to receive the same as a court of competent jurisdiction may direct.

ARTICLE VIII.

THE TRUSTEE

Section 8.01. Acceptance of Trust. The Trustee accepts and agrees to execute the trusts hereby created, and to the additional terms set forth in this Article, to all of which the parties hereto by their execution of the Indenture, agree.

Section 8.02. No Responsibility for Validity of Bonds. The Trustee shall not be responsible for the validity of the Bonds or for the validity, priority, recording or rerecording, filing or refiling of the Resolution or amendments thereto, or for the validity of the execution by the Issuer of this Indenture or of any supplements thereto or instruments of further assurance.

Section 8.03. Trustee May Act Through Agents; Answerable Only for Want of Good Faith and Due Diligence. The Trustee may exercise any powers hereunder and perform any duties required of it through attorneys, agents, officers or employees, and shall be entitled to advice of Counsel concerning all questions hereunder, and may in all cases pay reasonable compensation to all such attorneys, agents, receivers and employees as may be employed in connection herewith. The Trustee may act upon the opinion or advice of its regular independent counsel or any other attorney (who may be the attorney or attorneys for the Issuer) approved by the Trustee. The Trustee shall not be responsible for any loss or damage resulting from any action or inaction in good faith in reliance upon such opinion or advice. The Trustee shall not be answerable for the exercise of any discretion or power under this Indenture nor for anything whatever in connection with the trust hereunder, except only its own failure to exercise good faith and due diligence in performing its functions. Notwithstanding the foregoing, the Trustee shall be responsible for the computation of the size of the Deposit, and for the investment of the proceeds of the Deposit. Should the actual value of theDeposit be insufficient to pay the principal of, interest on and the premium, if any, on the Bonds ad they mature, the Trustee shall bear full liability and responsibility for any deficiency to the Issuer and the Bondholders.

Section 8.04. Compensation and Indemnity. The Trustee may pay to itself reasonable compensation for it services hereunder and also all its reasonable expenses and disbursements, including reasonable counsel fees. However, the Trustee shall have no action for indemnity or otherwise against the Issuer or the Bondholders as a result of its compensation for its services.

Section 8.05. Notice of Default; Right to Investigate. The Trustee shall, within 30 days after the occurrence thereof, give written notice by first class mail to the Issuer and registered Bondholders of all defaults known to the Trustee, unless such defaults have been remedied (the term "defaults" for purposes of this Article being defined to include the events specified in Article VII, not including any notice or periods of grace provided for therein). Issuer may, however, at any time required of the Trustee full information as to the performance of any covenant hereunder; and, if information satisfactory to it is not forthcoming, the Issuer may make or cause to be made, at the expense of the Trustee, an investigation into the affairs f the Trustee related to this Indenture and the properties covered hereby.

Section 8.06. Reliance on Documents, Etc. The Trustee may act on any requisition, resolution, notice, telegram, request, consent, waiver, certificate, statement, affidavit, bond, or other paper or document which it in good faith believes to be genuine and to have been passed or signed by the proper persons or to have been prepared and furnished pursuant to any of the provisions of the Indenture; and the Trustee shall be under no duty to make any investigation as to any statement contained in any such instrument, but may accept the same as conclusive evidence of the accuracy of such statement.

Section 8.07. Trustee May Deal in Bonds. The Trustee may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholders may be entitled to take with like effect as if the Trustee were not a party to the Indenture. The Trustee may also engage in or be interested in any financial or other transaction with the Issuer, provided that if the Trustee determines that it has a conflict of interest which would prevent it from serving as Trustee hereunder, it shall remove the conflict or resign.

 

 

Section 8.08. Construction of Ambiguous Provisions. The Trustee may construe any ambiguous or inconsistent provision of this Indenture, and any construction by the Trustee shall be binding upon the Bondholders and the Issuer, but in no event shall any such construction be contrary to the provisions of the Resolution.

Section 8.09. Resignation of Trustee. The Trustee may resign and be discharged of the trusts created by this Indenture by written resignation filed with the Issuer not less than 60 days before the date when it is to take effect; provided notice of such resignation is published at least once a week for three consecutive calendar weeks in an Authorized Newspaper, and at least once in the Bond Buyer, or its successor, if any, the first publication to appear not less than three weeks prior to the date when the resignation is to take effect. Such resignation shall take effect only upon the appointment of a successor trustee.

Section. 8.10. Removal of Trustee. Any Trustee hereunder may be removed at any time by an instrument appointing a successor to the Trustee so removed, executed by the holders of a majority in aggregate principal amount of the Bonds then Outstanding and filed with the Trustee and the Issuer.

Section 8.11. Appointment of Successor Trustee. If the Trustee or any successor trustee resigns or is removed or dissolved, or if its property or business is taken under the control of any state or federal court of administrative body, a vacancy shall forthwith exist in the office of the Trustee, and the holders of a majority in aggregate principal amount of the Bonds then Outstanding or the Issuer shall appoint a successor and shall publish notice of such appointment once in each of three consecutive weeks in an Authorized Newspaper. If the Bondholders fail to make such appointment within 60 days after the date notice of resignation is filed, the Issuer may do so.

Section 8.12. Qualification of Successor. A successor trustee shall be a national bank with trust powers or a bank and trust company or a trust company having combined net capital and surplus of at least $50,000,000 which is a member of the Federal Deposit Insurance Corporation, or its successor, if there be one able and willing to accept the trust on a reasonable and customary terms.

Section 8.13. Instruments of Succession. Any successor trustee shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder; and thereupon such successor trustee, without any further act, deed or conveyance, shall become duly vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in the trust hereunder, with like effect as if originally named Trustee herein. The Trustee ceasing to act hereunder shall pay over to the successor trustee all moneys held in trust by it hereunder; and, upon request of the successor trustee, the Trustee ceasing to act and the Issuer shall execute and deliver an instrument transferring to the successor trustee all the estate, properties, right, powers, and trusts hereunder of the Trustee ceasing to act.

Section 8.14. Merger of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Trustee hereunder shall be a party, shall be the successor trustee under this Indenture, without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding.

Section 8.15. Right of Trustee to Pay Taxes and Other Charges. In case any tax, assessment or governmental or other charge upon any part of the Deposit, or any investment made hereunder, or any premium, required for maintenance of the insurance, the Trustee shall pay such tax, assessment or governmental charge or premium.

Section 8.16. Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its Counsel has a substantial bearing on the interests of Bondholders, the Trustee may intervene on behalf of Bondholders and shall do so if requested in writing by the holders of at least 51% in aggregate principal amount of Bonds then Outstanding and furnished indemnity. The rights and obligations of the Trustee under this Section are subject to the approval of a court of competent jurisdiction.

ARTICLE IX.

ACTS OF BONDHOLDERS; EVIDENCE OF OWNERSHIP OF BONDS

Section 9.01. Acts of Bondholders; Evidence of Ownership. Any action to be taken by Bondholders may be evidenced by one or more written instruments of similar

tenor signed or executed by such Bondholders in person or by agent appointed in writing. The fact and date of the execution by any person of any such instrument may be proved by acknowledgment before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution. The fact of the holding and ownership of Bonds, the amount and serial numbers of the Bonds held, and the date of the holding may be proved by resort to the affidavit of and the registration books maintained by the Paying Agent, if such affidavit is reasonably satisfactory to the Trustee, or by a certificate executed by a bank or other depository reasonably satisfactory to the Trustee, showing that at the date of the certificate such person had on deposit with such depository or the Paying Agent the Bonds described in the certificate.

ARTICLE X.

AMENDMENTS AND SUPPLEMENTS

Section 10.01. Amendments and Supplements Without Bondholder Consent. This Indenture may be amended or supplemented at any time and from time to time, without notice to or the consent of the Bondholders by a supplemental indenture authorized by a certified resolution of the Issuer filed with the Trustee, for one or more of the following purposes:

    1. To add additional covenants of the Trustee or to surrender any right or power herein conferred upon the Trustee;
    2. To cure any ambiguity or to cure, correct or supplement any defective provision of this Indenture in such manner as shall not be inconsistent with this Indenture and shall not impair the security hereof or adversely affect the Bondholders; and
    3. To modify, amend or supplement this Indenture or any indenture, supplemental hereto in such manner as to permit the qualification, if required, hereof and thereof under the Trust Indenture Act of 1939 or any similar Federal statutes hereafter in effect or under any state securities law requiring such to be qualified.

Section 10.02. Amendments With Bondholder Consent. This Indenture may be amended from time to time, except with respect to (1) the principal or interest payable upon any Bond, (2) the dates of maturity or redemption provisions of any Bonds.

Section 10.03. Trustee Authorized to Join in Amendments and Supplements; Reliance on Counsel. The Trustee is authorized to join with the Issuer in the execution and delivery of any supplemental indenture or amendment of the Indenture permitted by this Article X and in so doing shall be fully protected by an opinion of Counsel that such supplemental indenture or amendment of the Indenture is so permitted and has been duly authorized by the Issuer and that all things necessary to be make it a valid and binding agreement have been done.

ARTICLE XI.

DEFEASANCE

Section 11.01. Defeasance. When principal or redemption price (as the case may be) of, and interest on, all Bonds issued hereunder has been paid, by means of the Deposit, together with all other sums payable hereunder has been paid, by means of the Deposit, together with all other sums payable hereunder by the Issuer, the right, title, interest and lien of the Bondholders shall be transferred from the project originally financed with Bond proceeds to the Deposit hereunder, and thereupon the right, title, interest and lien of the Bondholders shall cease, and the Trustee, on demand of the Issuer, shall, within 7 days, release, surrender and otherwise cancel any interest which the Bondholders may have in the improvements, projects or tax revenues originally financed with Bond proceeds. The Trustee shall forthwith execute such documents to evidence such release, surrender and cancellation as may be reasonably required by the Issuer.

Without limiting the generality of the foregoing, provision for the payment of Bonds shall be deemed to have been made upon the delivery to the Trustee of the Deposit. The Trustee shall assure itself that the cash delivered will be sufficient to provide for the payment of the Bonds as aforesaid. The monies deposited with the Trustee pursuant to this Section shall not be withdrawn or used for any purpose other than, and shall be segregated and held in trust for, the payment of the principal or redemption price of, and premium, if any, and interest, on the Bonds. Upon receipt of the Deposit, the Trustee shall deliver to the owner of each Bond a notice in writing stating

that such monies or obligation have been deposited and identifying the Bonds for the payment of which such monies or obligations are being held.

ARTICLE XII.

MISCELLANEOUS PROVISIONS

Section 12.01. No Personal Recourse. No recourse shall be had for any claim based on the Indenture or the Bonds against any member, trustee, officer, or employee, past, present or future, of the Issuer or of any successor body as such, either directly or through the Issuer of any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise.

Section 12.02. Deposit of Funds for Payment of Bonds. Upon receipt of the Deposit by the Trustee the Bondholders shall be restricted exclusively to the funds so deposited for any claim of whatsoever nature with respect to such Bonds and the Trustee shall hold such funds in trust for such Bondholders.

Moneys so deposited with the Paying Agent which remain unclaimed five years after the date payment thereof becomes due shall, if the Issuer is not at the time to the knowledge of the Paying Agent in default with respect to any covenant contained in the Indenture, be paid to the Issuer for and on account of the Bondholders; and the Bondholders of which the deposit was made shall thereafter be limited to a claim against

the Issuer; provided, however, that the Paying Agent, before making payment to the Issuer, may, at the expense of the Issuer, cause a notice to be published once in an Authorized Newspaper, stating that the monies remaining unclaimed will be returned to the Issuer after a specified date and the obligation represented by the Bond shall be void.

Section 12.03. No Rights Conferred on Others. Nothing herein contained shall confer any right upon any person other than the parties hereto and, to the extent specified herein, the Bondholders.

Section 12.04. Illegal, Etc. Provisions Disregarded. In case any provision in the Indenture or the Bonds shall for any reason be held invalid, illegal or unenforceable in any respect, this Indenture shall be construed as if such provision had never been contained herein.

Section 12.05. [Reserved].

Section 12.06. Notice to Trustee and Issuer. Any notice to or demand upon the Trustee may be served, presented or made at the principal corporate trust office of the Trustee at The Trust Company of Louisiana at 107 North Trenton Street, Ruston, Louisiana 71270. Any notice to or demand upon the Issuer shall be deemed to have been sufficiently given or served by the Trustee for all purposes by being sent by registered United States mail to the Calcasieu Parish School Board, Governing Authority of Sales Tax District No. Three of Calcasieu Parish, Louisiana, 1724 Kirkman Street, Lake Charles, Louisiana 70601, Attention: Mr. Karl Bruchhaus, Chief Financial Officer, or such other address as may be filed in writing by the Issuer with the Trustee. Any notice to or demand upon the Paying Agent shall be deemed to have been sufficiently given or served for all purposes by being sent by registered United States mail to the Trustee at The Trust Company of Louisiana at 107 North Trenton Street, Ruston, Louisiana 71270.

Section 12.07. Successors and Assigns. All the covenants, promises and agreements in the Indenture contained by or on behalf of the Issuer, or by or on behalf of the Trustee, shall bind and insure to the benefit of their respective successors and assigns, whether so expressed or not.

Section 12.08. Headings for Convenience Only. The descriptive headings in the Indenture are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof.

Section 12.09. Counterparts. This Indenture may be executed in any number of counterparts, each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same instrument.

Section 12.10. Applicable Law. This Indenture shall be governed by and interpreted under the laws of the State of Louisiana, without regard to its conflicts of laws provisions.

IN WITNESS WHEREOF, Sales Tax District No. Three of Calcasieu Parish, Louisiana, has caused this Indenture to be executed by its Governing Authority, the

Calcasieu Parish School Board, by its President and its seal to be hereunto affixed, attested by its Superintendent and ex-officio Secretary; and The Trust Company of Louisiana has caused this Indenture to be executed by Allain G. Davidson, Jr., Senior Vice President and its seal to be hereunto affixed, attested by one of its duly authorized officers, all as of the day and year first above written.

ATTEST: SALES TAX DISTRICT NO. THREE OF

CALCASIEU PARISH, LOUISIANA

 

_/s/Jude W. Theriot BY:_/s/Wilridge P. Doucet____________

Jude W. Theriot, Secretary Wilridge P. Doucet, President

Calcasieu Parish School Board

 

[S E A L]

 

ATTEST: THE TRUST COMPANY OF LOUISIANA

 

_________________________ BY:________________________________

Allain G. Davidson, Jr.

Senior Vice President

 

[S E A L]

 

Lake Charles, Louisiana

August 1, 2000

The Parish School Board of Calcasieu Parish, Louisiana, met in regular public session at 5:00 o'clock p.m. on Tuesday, August 1, 2000, at the regular meeting place of said Board in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.

President, Wilridge P. Doucet called the meeting to order and on roll call, the following members were present:

Randy Armentor, G. Michael Canaday, Wilridge Doucet, Clara Duhon, J. L. "Jay" Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, James W. Karr, Sr., Sheral "Cookie" LaVergne, James W. Pitre, Greg Robert and Elray T. Victorian

 

 

ABSENT: Joe A. Andrepont and Ricky Blackwell

Jude W. Theriot, Board Secretary, also attended. The meeting was called to order and the roll called with the above results.

Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Fontenot and seconded by Mr. Armentor, was adopted by the following vote:

YEAS: Mr. Armentor, Mr. Canaday, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert and Mr. Victorian

 

 

NAYS: None

 

The resolution was approved and signed by the President, attested by the Secretary, and provides as follows:

RESOLUTION

A RESOLUTION FOR THE EMPLOYMENT OF SPECIAL BOND COUNSEL.

BE IT RESOLVED by the Calcasieu Parish School Board as follows:

SECTION 1. There being a real public necessity for the retention and employment of legal counsel to provide specialized legal services as described in Section 2 hereof, in connection with the defeasance of the outstanding bonds of Sales Tax District No. Three of Calcasieu Parish, Louisiana, in the original aggregate principal amount of $5,000,000 Public School Improvement Sales Tax Revenue Bonds, ST Series 1994 (the "Bonds") by Sales Tax District No. Three of Calcasieu Parish, Louisiana, (the "Issuer"), requiring a defeasance of the Bonds of the Issuer, in accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and it appearing that the public interest requires the obtaining of such specialized legal services, Joseph A. Delafield, of Lake Charles, Louisiana ("Bond Counsel"), is hereby employed in accordance with the provisions of this resolution.

SECTION 2. Legal services to be provided hereunder include comprehensive legal and coordinate professional work described in Paragraphs (A) through (J) as follows:

(A) counseling and advising the Issuer relative to all legal and financial matters in connection with the defeasance of the Bonds;

(B) making a survey of the financial resources and debt structure of the Issuer to determine the extent of its borrowing capacity and sources of funds to secure defeasance of the Bonds;

(C) formulating a plan of finance which contains complete details of the proposed cash defeasance of the Bonds, the security features thereof, estimated interest rate, and the overall debt service requirements after giving effect to the investments to be purchased with the cash deposit to defease the Bonds;

(D) assisting the officials of the Issuer in fixing the final details of the Defeasance Indenture, including schedules of maturities, redemption features and form of the Bonds;

(E) drafting and submitting to the Issuer all proceedings and documents, including resolutions, indentures and ordinances necessary to authorize the defeasance of the Bonds and all legal proceedings and documents relating to defeasance of the Bonds, and supervising the adoption of said proceedings, and execution of said documents by the officials of the Issuer;

(F) assisting local counsel to the Issuer or local associate counsel retained by Issuer in handling all litigation affecting the legality of defeasing the bonds and/or the method of financing the defeasance;

    1. arranging and supervising the delivery of the Defeasance Indenture to the Trustee thereof and, where required, the preparation and execution of trust documents safeguarding the deposit made by the Issuer to the Trustee;
    2. obtaining the accountant’s verification of the defeasance of the Bonds upon payment of the deposit to the Trustee of the Defeasance Indenture;

(I) obtaining any occurring or ancillary legal opinions from other persons or firms to enhance the defeasance of the Bonds; and

(J) Preparing a complete transcript of record covering defeasance of the Bonds and furnishing the same to the purchaser(s) of the Bonds.

SECTION 3. The fee for the work to be performed hereunder is contingent upon the completion of the defeasance of the Bonds, and shall be in accordance with the maximum fee schedule of the Attorney General of the State of Louisiana for hourly comprehensive legal and coordinate professional work by bond attorneys and bond counsel in the representation of local governmental entities. Bond Counsel shall pay out of his fee the following expenses: (a) Travel and communication expenses incurred by them in the defeasance of the Bonds; and (b) Printing and reproduction costs of all financial analysis, reports, and legal proceedings prepared by Bond Counsel. Bond Counsel shall be reimbursed all other reasonable and necessary costs and expenses incurred in connection with defeasance of the Bonds (for example, costs and expenses to include the cost of collecting data, cost of preparing and assembling material, costs of printing or duplicating, postal supplies, and cost of binding copies of the transcript of proceedings).

SECTION 4. It is intended that acceptance and approval of this resolution by entering upon performance by Joseph A. Delafield of the legal services provided for herein, shall constitute this resolution a contract in accordance with the provisions hereof.

SECTION 5. When the Issuer has received payment in full for the Bonds upon delivery thereof, payment of the fee and expenses is authorized to be made as herein provided.

This resolution adopted and passed on this 1st day of August, 2000.

/s/ Wilridge P. Doucet

WILRIDGE P. DOUCET, President

Calcasieu Parish School Board

ATTEST:

/s/ Jude W. Theriot

JUDE W. THERIOT, Secretary

Calcasieu Parish School Board

(Other business not pertinent to the present excerpt may be found of record in the official minute book.)

Upon motion duly made and unanimously carried, the meeting was adjourned.

/s/ Wilridge P. Doucet

WILRIDGE P. DOUCET, President

Calcasieu Parish School Board

ATTEST:

/s/ Jude W. Theriot

JUDE W. THERIOT, Secretary

Calcasieu Parish School Board

 

STATE OF LOUISIANA

 

PARISH OF CALCASIEU

 

I, JUDE W. THERIOT, certify that I am the duly qualified and acting Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board, the governing authority of Sales Tax District No. Three of Calcasieu Parish, Louisiana.

I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the Calcasieu Parish School Board held on August 1, 2000, and of a resolution employing special Bond Counsel, as said minutes and resolution appear officially of record in my possession.

IN FAITH WHEREOF, witness my official signature and the impress of the official seal of the Calcasieu Parish School Board on this 1st day of August, 2000.

/s/Jude W. Theriot JUDE W. THERIOT, Secretary

 

[S E A L]

Changes to Extended Day Operating Procedures

On motion by Ms. LaVergne, seconded by Mr. Victorian and unanimously carried, the following changes to the Extended Day Operating Procedures were approved:

Extended Day Program

Table of Contents

(from full manual)

 

Program Overview A

Purpose, Philosophy, Availability, Activities A1

Registration, Weekly Tuition, Summer Program A2

Registration Form, Parent Handbook, Evaluation,

Printing, Snacks, Holiday Openings A3

Emergency Dismissal, Insurance A4

Video Licensing A4.1

Registration Form A5

Insurance Verification Form A5.1

EDP Evaluation A6

Evaluation Summary A7

Student Information B

Student Safety, Accidents and Illnesses B1

Medication B2

Student Incident Report Form B3

Insurance Claim Form B4

Conduct Policy B5

Probation Notice B6

Notification of Expulsion B7

 

Personnel C

Inservice Training, Employment, Contract and

Job Description, Substitutes, AmeriCorps C1

Employment Application C2

Employee Contract C3

Job Descriptions

Site Director C4

Assistant Site Director C5

Program Director C6

Bookkeeper C7

Support Teacher - Class "A" C8

Support Teacher - Class "B" C9

Personnel Schedule C10

Program Facilitators C11

Finances D

Student Attendance

Morning Attendance, Daily Sign-out D1

Morning Attendance Sheet D2

Daily Sign-out Sheet D3

Student Receipts

Revenues: Deposits, Receipts D4

Voided Receipts, Registration, Insurance, Tuition D5

Employee’s Children, Extenuating Circumstances, Holidays D6

Late Check Out, NSF Checks, Student Payment Schedule D7

Untimely Payment, Snacks, Summary D8

Weekly Revenue Recap Sheet, Duplicate Deposit Slips D9

Tuition Refund Form D10

Late Sign-Out Sheet D11

Student Payment Schedule D12

Weekly Revenue Recap Sheet D13

IRS Form W-10 D13.1

Child Care Assistance D14

School Child Care Program Provider Agreement D16

Authority D18

IRS W-9: Taxpayer Identification Number and Certification D19

CCA Parent Information Brochure D20

CCA Application for Child Care Assistance D22

CCA Certificate (Notification to School) D25

CCA Provider Invoice Instructions D27

CCA Sample Invoice D29

Payroll D30

Monthly Payroll Procedures: Employee Sign-In / Sign- Out D30

Payroll Computation, Late Sign-out, Payroll Report D31

Employee Sign-In / Sign-Out Sheet D32

Payroll Computation Form D33

Payroll Schedule D34

Payroll Schedule (Prior to July 1, 1997) D35

Summer Payroll Schedule (Prior to July 1, 1997) D36

Payroll Report D37

Purchasing D38

Requisition Form D39

Billhead D40

Employee Expense and Travel Reimbursement Voucher D40.1

Filing D41

New Programs E

Establishing a New Program E1

Sample Survey Letter E3

Survey Form E4

 

Summer Programs F

Overview, Fees, Field Trips F1

Transportation F2

Request for Permission to Take a Field Trip Form F3

Field Trip Form F6

Appendix G

Accounting Overview G1

Student Attendance and Sign-out G2

Student Accounting G3

Employee Accounting G4

Accounting Records Checklist G5

Keys to Quality G6

Sample EDP Parent Handbook Cover G7

 

Major Changes and/or Additions to the

Extended Day Manual

August 2000

Video Licensing (Addition)

In order to comply with legal copyright requirements, licensing is available for extended day programs through Motion Picture Licensing Corporation. The charge is based on the daily average attendance of $1.50 per child with a maximum of $150.00. This rate covers before and after school programs. Other rates are applicable for full day coverage. Contact David Weightman, Department Manager, Extension 3011 or write to the following:

 

Motion Picture Licensing Corporation

5455 Centinela Avenue

P. O. Box 66970

Los Angeles, CA 90066-6970

Tel: (310) 822-8855

Tel: (800) 462-8855

Fax (310) 822-4440

Student Safety (Addition)

The goal of the Extended Day Program is to provide a healthy and secure environment before and after school for children in Calcasieu Parish.

The safety and well-being of the students requires alert and attentive supervision of students, observing the actions of students as they work and play, knowing safe practices and imparting those to students, intervening when inappropriate behavior occurs, being aware of age appropriate equipment, evaluating hazards, and being always prepared.

Accidents or Illnesses (Addition)

… These procedures are to incorporate the following requirements and comply with CPSB Policy procedures.

  • Red emergency cards are to be kept at hand for the duty worker at all times.
  • If applicable, insurance claim form Part I is to be completed by the Site Director and then given to the parent. After completing the form, the parent will submit it along with the explanation of benefits from the parent's insurance company.
  • Emergency illnesses such as seizure or asthma require specific protocols for proper handling.
  • Any child who has a condition that is contagious to other children may not remain in school. If appropriate, a letter from the CPSB Medical Consultant along with information regarding fever, lice, or ringworm may be sent home along with the child.
  • Summer heat and the heat index can cause emergency health concerns such as sunburn, heat exhaustion or heatstroke.

Medication (Addition)

Specific Guidelines for medications given at school also apply to administration of medication at EDP. (See also Role of the Parent/Legal Guardian in the Administration of Medication at School.)

Medication may be administered by an EDP employee only if the employee has been certified to do so by the CPSB Nursing Department.

In order for a child to receive medication in EDP, medication forms must first be completed by the child's doctor. Medication forms kept in the school office may be duplicated for EDP and need not be completed twice by the doctor.

(Additionally, the Nursing Department is preparing a handbook of first aid and health related procedures to be distributed at the August 9th inservice meeting for Site Directors. The Risk Management Department will be providing a booklet on playground safety at that same meeting.)

Personnel (Addition)

The following positions are available for EDP: Site Director, Assistant Site Director, Program Director, Bookkeeper, and Support Personnel, Classes "A" and "B". Not all of these positions are needed at every school. After considering the opinion of the Site Director, programming demands, the facility, student needs, and the financial stability of the program, the school principal will determine which positions would be best suited for the school.

Because the EDP Support Person - Class "B" is a position which may be applicable in a number of different ways, not all of the duties on the job description may be applicable. The principal and support worker should agree on which duties are the responsibility of the employee filling the position and indicate in the appropriate spaces on the job description.

Other specific school position assignments may also warrant an adjustment on the job description. Any changes to a job description should be initialed by both the principal and the assigned employee.

AmeriCorps (Addition)

Impact Lake Charles a service program grant awarded to the City of Lake Charles through the Corporation for National Service initiative - AmeriCorps. It was designed to address critical needs in education through literacy tutoring, mentoring activities, character education, and homework assistance. It also addresses personal development for AmeriCorps members enrolled in the program. Members commit to community service hours in exchange for a stipend and a financial education award. Each school must apply to Impact Lake Charles in order to take advantage of the program. Because these members are volunteers in our EDP and are not salaried employees, they do not have the responsibility for solely overseeing students. However, they can serve as a valuable asset to the EDP.

Each school is responsible for supervising AmeriCorps members, for signing daily timesheets, and for providing workspace and limited resources. Since these volunteers work under the Impact Lake Charles grant, the Principal and/or the Site Director should work together with the Impact director in their supervision and training.

Job Descriptions

The new positions that have been created will allow the principal and site director the flexibility to design the administrative structure of the program to meet the needs in each school.

  • Site Director - Minor changes, restructured
  • Assistant Site Director - New Position
  • Program Director - New Position
  • Bookkeeper - New Position
  • Support Person, Class "A" - Minor changes, restructured
  • Support Person, Class "B" - New Position

JOB DESCRIPTION

EXTENDED DAY PROGRAM - SITE DIRECTOR

 

SUPERVISOR: School Principal

SUPERVISES: EDP Staff Members

Parent Volunteer(s) and/or AmeriCorps Workers Students

GOALS: The Program Site Director will:

    1. Perform administrative duties
    2. Guide staff and community development
    3. Provide competent day care supervision that allows for the intellectual, social, and emotional growth of the individual student
    4. Plan and implement the curriculum in accordance with school system policies

DUTIES: 1. Administrative

    1. Promote and adhere to the established Extended Day and school system policies
    2. Attend one or more inservice training sessions each year
    3. Maintain a file in an easily accessible location, containing all student emergency, health, insurance, and attendance records, as well as all pertinent employee records.
    4. Prepare and distribute a school level Parent Handbook
    5. Participate in the hiring, training, and evaluation of other EDP staff members
    6. Schedule, plan, and provide inservice training for staff members, parent volunteers and/or AmeriCorps workers
    7. Maintain a portfolio of inservice training opportunities in which staff members participated (to include such items as agendas, workshop information, sign-in sheet/list of participants/certificates, overview of which employees are trained in what areas)
    8. Secure qualified substitutes when necessary
    9. Prepare employment application form for all new substitutes and support teachers
    10. Keep a daily log of personal activities to be reviewed by the program supervisor(s)
    11. Collect tuition and registration for each student
    12. Apply and maintain records for the student insurance

coverage

m. Budget, plan, and supervise the snack program

n. Maintain accurate financial records and deposit monies on a daily basis

o. Balance the Weekly Recap Sheets with the Payroll and other expenditures monthly

p. Prepare a monthly time sheet showing revenues and

expenses which is due to Payroll Department on the15th of each month

q. Disseminate finance reports as required

r. Assign duties to other staff members

s. Perform any other duties assigned by the program

supervisor(s)

2. Staff and Community Development

    1. Foster an attitude of mutual respect and responsibility between the administration and the staff
    2. Act as liaison between the Program personnel and the school system personnel
    3. Establish and maintain positive relations between the Program and the community through parental conferences and a continual informal assessment of community needs
    4. Participate in professional meetings and workshops, and serve on committees

3. Extended Day Supervision

    1. Conduct constructive, competent supervision during Extended Day hours in the morning until the duty teacher arrives and from the end of the school day until 6:00 P.M. or until all students are picked up
    2. Monitor student arrival and departure
    3. Have parents sign children out on a daily basis
    4. Hold accountable any student displaying disorderly, disruptive, or abusive behavior to the extent of immediate, permanent dismissal from the Program
    5. Supervise appropriate action for sick or injured students
    6. Establish and implement monthly emergency evacuation procedures
    7. Supervise clean up at the end of each morning and afternoon session
    8. Report to school principal (immediate supervisor)

4. Curriculum

 

    1. Plan and implement with the Support Teacher(s) meaningful activities for students on a monthly basis taking into account individual student interest and capability
    2. Coordinate and supervise the implementation of the program’s activities in conjunction with the other staff
    3. Design and publish a monthly activities sheet that may be distributed to parents in advance
    4. Supervise or conduct daily study sessions

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent person, at least twenty-one (21) years of age and of good reputation, who can combine the duties

of administration/supervision with the duties of providing an environment conducive to the physical, emotional, and social growth of children.

 

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

JOB DESCRIPTION

EXTENDED DAY PROGRAM - ASSISTANT SITE DIRECTOR

 

SUPERVISOR: School Principal, EDP Site Director

SUPERVISES: EDP Staff Members

Parent Volunteer(s) and/or AmeriCorps Workers

Students

GOALS: The Assistant Site Director will:

  1. Perform administrative duties as assigned
  2. Assist in guiding staff and community development
  3. Assist the Site Director in providing competent day care supervision that allows for the intellectual, social, and emotional growth of the individual student
  4. Assist in planning and implementing the curriculum in accordance with school system policies

 

DUTIES: 1. Administrative

    1. Promote and adhere to the established Extended Day and school system policies
    2. Attend one or more inservice training sessions each year
    3. Maintain a file in an easily accessible location, containing all student emergency, health, insurance, and attendance records, as well as all pertinent employee records.
    4. Prepare and distribute a school level Parent Handbook
    5. Participate in the hiring, training, and evaluation of other EDP staff members
    6. Schedule, plan, and provide inservice training for staff members, parent volunteers and/or AmeriCorps workers
    7. Maintain a portfolio of inservice training opportunities in which staff members participated (to include such items as agendas, workshop information, sign-in sheet/list participants/ certificates, overview of which employees are trained in what areas)
    8. Secure qualified substitutes when necessary
    9. Prepare employment application form for all new substitutes and support teachers
    10. Keep a daily log of personal activities to be reviewed by the program supervisor(s)
    11. Collect tuition and registration for each student
    12. Apply and maintain records for the student insurance coverage
    13. Budget, plan, and supervise the snack program
    14. Maintain accurate financial records and deposit monies on a daily basis
    15. Balance the Weekly Recap Sheets with the Payroll and other expenditures monthly
    16. Prepare a monthly time sheet showing revenues and expenses which is due to Payroll Department on the 15th of each month
    17. Disseminate finance reports as required
    18. Assign duties to other staff members
    19. Perform any other duties assigned by the program supervisor(s)

2. Staff and Community Development

    1. Foster an attitude of mutual respect and responsibility between the administration and the staff
    2. Act as liaison between the Program personnel and the school system personnel
    3. Establish and maintain positive relations between the Program and the community through parental conferences and a continual informal assessment of community needs
    4. Participate in professional meetings and workshops, and serve on committees

 

3. Extended Day Supervision

    1. Conduct constructive, competent supervision during Extended Day hours in the morning until the duty teacher arrives and from the end of the school day until 6:00 P.M. or until all students are picked up
    2. Monitor student arrival and departure
    3. Have parents sign children out on a daily basis
    4. Hold accountable any student displaying disorderly, disruptive, or abusive behavior to the extent of immediate, permanent dismissal from the Program
    5. Supervise appropriate action for sick or injured students
    6. Establish and implement monthly emergency evacuation procedures
    7. Supervise clean up at the end of each morning and afternoon session
    8. Report to school principal (immediate supervisor)

4. Curriculum

 

    1. Plan and implement with the Support Teacher(s) meaningful activities for students on a monthly basis taking into account individual student interest and capability
    2. Coordinate and supervise the implementation of the program’s activities in conjunction with the other staff
    3. Design and publish a monthly activities sheet that may be distributed to parents in advance
    4. Supervise or conduct daily study sessions

5. Assumption of Site Director’s Duties

    1. Assume the duties of the Site Director during his/her absence. If necessary, temporarily shift duty assignments and secure a substitute to fill the temporarily available duties of the Extended Day.
    2. Request any necessary assistance from the School Principal or administrator.

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent person, at least twenty-one (21) years of age and of good reputation, who can combine the duties of administration/supervision with the duties of providing an environment conducive to the physical, emotional, and social growth of children.

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

 

JOB DESCRIPTION

EXTENDED DAY PROGRAM - PROGRAM DIRECTOR

 

SUPERVISOR: Site Director, School Principal

SUPERVISES: EDP Support Personnel

Parent Volunteer(s) and/or AmeriCorps workers Students

GOALS: The Program Director will:

    1. Perform administrative duties related to program/curriculum
    2. Provide competent day care supervision that allows for the intellectual, social, and emotional growth of the individual student
    3. Plan and implement the curriculum in accordance with school system policies

 

 

DUTIES: 1. Administrative

    1. Promote and adhere to the established Extended Day and school system policies
    2. Keep a daily log of personal activities to be reviewed by the Site Director
    3. Participate in the training and evaluation of Support Personnel, parent volunteers and/or AmeriCorps workers
    4. Perform any other duties assigned by the program supervisor(s)

2. Staff and Community Development

    1. Foster an attitude of mutual respect and responsibility between the administration and the staff
    2. Act as liaison among the Site Director, Support Personnel, Parent Volunteers, AmeriCorps workers, and the students
    3. Establish and maintain positive relations between the Program and the community through parental conferences and a continual informal assessment of community needs
    4. Participate in professional meetings and workshops, and serve on committee

3. Extended Day Supervision

    1. Conduct constructive, competent supervision during Extended Day hours
    2. Monitor student arrival and departure
    3. Have parents sign children out on a daily basis
    4. Hold accountable any student displaying disorderly, disruptive, or abusive behavior to the extent of immediate, permanent dismissal from the Program
    5. Supervise appropriate action for sick or injured students
    6. Supervise clean up at the end of each session
    7. Report to Site Director (immediate supervisor)

4. Curriculum

 

    1. Plan and implement with the Support Personnel meaningful activities for students on a monthly basis taking into account individual student interest and capability
    2. Coordinate and supervise the implementation of the program’s activities in conjunction with the Support Personnel
    3. Design and publish a monthly activities sheet that may be distributed to parents in advance
    4. Supervise or conduct daily study sessions

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent person, at least twenty-one (21) years of age and of good reputation, who can combine the duties of administration/supervision with the duties of providing an environment conducive to the physical, emotional, and social growth of children.

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

 

JOB DESCRIPTION

EXTENDED DAY PROGRAM - BOOKKEEPER

 

SUPERVISOR(S): School Principal

Site Director

GOAL: The Extended Day Bookkeeper will:

Prepare and maintain the Extended Day Program’s financial records and reports with accurate and reliable information

DUTIES: 1. Promote and adhere to the established Extended Day and school system policies

2. Participate in inservice training opportunities

3. Maintain accurate personnel records and submit on a weekly basis to the Site Director

    1. Calculate total time worked by each week by each employee and complete the Payroll Computation Form based on the Payroll Schedule
    2. Complete the Payroll Report and secure authorization from Site Director and Principal prior to submitting the form to Payroll no later than the fifteenth of each month

4. Maintain accurate student records and submit on a weekly basis to the Site Director

    1. Maintain and file Daily Sign-in and Sign-out Sheets for students
    2. Collect and receipt all payments for registration, insurance, tuition, and late sign-out fees
    3. Administer financial records for snack program using a separate receipt book
    4. Complete deposit tickets and make daily deposits of all money collected
    5. Collect all NSF fees and complete a separate receipt and deposit slip for each
    6. Submit copies of all deposits weekly as well as on the third day of each month to the Accounting Department.
    7. Maintain student payment schedule for each student/family
    8. File all written parent requests for change in tuition/payment status
    9. Complete the weekly revenue sheet, attach one copy each of all applicable deposit slips, and file by payroll period
    10. Provide IRS Form W-10 along with a copy of student's payment schedule for the previous year to parents each January
    11. Complete all forms required by Louisiana's Department of Social Services Child Care Assistance Program (including, but not limited to the Child Care Assistance Certificate and the monthly Provider Invoice) and submit in a timely manner
    12. File and maintain copies of all Child Care Assistance Program documents submitted

5. Make purchases following established procedures as stated in the EDP manual and maintain

    1. Complete requisitions and make purchases of supplies, equipment, and/or snacks (Charge purchases may be made only after securing appropriate permission.)
    2. Complete requests for payment via billhead or travel form (for reimbursement to employees) and submit for payment

6. Report to the Site Director any personal absences due to illness or emergency as soon as possible so a substitute may be secured

7. Participate in professional meetings and workshops, and serve on committees as requested

8. Perform other duties as assigned

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent personable to maintain accurate financial records with appropriate discretion.

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

 

JOB DESCRIPTION

EXTENDED DAY PROGRAM - SUPPORT PERSON - CLASS "A"

 

SUPERVISOR(S): School Principal

Site Director

SUPERVISES: Parent Volunteer(s) and/or AmeriCorps workers

Students

GOALS: The Extended Day Support Person will:

    1. Provide competent day care supervision that allows for the intellectual, social, and emotional growth of the individual student
    2. Plan and implement the curriculum as directed by the Site Director in accordance with school system policies
    3. Participate in staff and community development
    4. Assume the duties of the Site Director in an emergency

DUTIES: #9; 1. Supervision

    1. Promote and adhere to the established Extended Day and school system policies
    2. Conduct constructive, competent supervision during Extended Day hours in the morning until the duty teacher arrives and from the end of the school day until 6:00 P.M. or until all students are picked up
    3. Assist the Site Director in monitoring student arrival and departure
    4. Hold accountable any student displaying disorderly, disruptive, or abusive behavior
    5. Maintain accurate teacher and student attendance records and submit on a weekly basis to the Site Director
    6. Assist the Site Director in the implementation of the snack program
    7. Assist the Site Director in establishing and implementing orderly emergency evacuation procedures
    8. Implement appropriate action for sick or injured

Students

i. Supervise and assist students in cleaning the area at the end of each morning and afternoon session

j. Report to the Site Director any personal absences due to illness or emergency as soon as possible so a substitute may be secured

k. Perform any other duties assigned

2. Curriculum

    1. Assist the Site Director in planning and implementing meaningful activities for students on a monthly basis taking into account individual student interest and capability
    2. Assist in coordinating and supervising the Program’s activities in conjunction with the Site Director
    3. Assist the Site Director in design, publication, and distribution of a monthly activities calendar Implement and conduct daily study session(s)

3. Staff and Community Development

    1. Foster an attitude of mutual respect and responsibility between the administration and the staff
    2. Assist the Site Director in establishing and maintaining good community relations through parental conferences and a continual informal assessment of the community needs
    3. Participate in professional meetings and workshops, and serve on committees

4. Assumption of Site Director’s Duties

    1. Assume the duties of the Site Director during his/her absence (See duties outlined in the administrative job description.) If necessary, secure a substitute for the duties of the Extended Day Support Teacher
    2. Request any necessary assistance from the School Principal or administrator

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent person, at least eighteen (18) years of age and of good reputation, who can combine the duties of administration/supervision with the duties of providing an environment conducive to the physical, emotional, and social growth of children.

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

 

JOB DESCRIPTION

EXTENDED DAY PROGRAM - SUPPORT PERSON - CLASS "B"

 

 

SUPERVISOR(S): School Principal, EDP Site Director

GOAL: The EDP Support Person will:

1. Assume the responsibility for specific job assignment (whether academic, recreational, or medical.)

DUTIES: 1. Promote and adhere to the established Extended Day and school system policies

2. Conduct those tasks, services, and/or assignments in an efficient and timely manner

3. Exhibit loyalty and maintain a positive attitude

4. Participate in inservice training necessary for the specific job assignment

5. Perform other duties and tasks deemed appropriate by the EDP Site Director or School Principal

 

Please initial the following duties that apply. Indicate those that are not applicable (N/A).

Principal Support

Person



6. Tutor students in academic subjects and/or homework



7. Plan lessons and teaches academic or life skill(s)



8. Teach/coach students in specific recreational skill(s)



9. Administer medication according to CPSB policy and procedures



10. Monitor and assist specific students according to their prescribed needs

QUALIFICATIONS: In accordance with State Guidelines, an employee must be a mature competent person, at least twenty-one (21) years of age and of good reputation, who can combine the duties of administration/supervision with the duties of providing an environment conducive to the physical, emotional, and social growth of children.

 

Reviewed and agreed to by:



Signature #9; #9; #9; Date

 

Personnel Schedule (Changes and Addition)

Average attendance was adjusted for 33 or 34 students to fall into the next category to accommodate requirements for four-year-olds.

Other ranges were adjusted slightly as well. Number of personnel needed has been changed from a specific number to a range to allow some flexibility. All changes reflect a smaller the number of students per adult than in the past.

Special Education mandates may require specific student/teacher ratios. (additional statement.)

PERSONNEL SCHEDULE

The average number of students who attend regularly will determine the minimum number of employees (Site Director and other staff) needed.

 

Average #9; #9; Extended Day

Student Attendance Personnel*

10 - 32 #9; #9; #9; 2 - 3

33 - 44 #9; #9; #9; 3 - 4

45 - 54 #9; #9; #9; 4 - 5

55 - 64 #9; #9; #9; 5 - 7

65 - 79 #9; #9; #9; 6 - 8

80 - 96 #9; #9; #9; 7 - 9

97 - 112 #9; #9; #9; 8 - 10

113 - 128 #9; #9; #9; 9 - 11

129 - 144 10 -13

*Upon approval of the principal, special situations may warrant employment beyond the numbers cited. Special Education mandates may require specific student/teacher ratios.

Scheduling

If the workload and the tuition income warrant it, the Site Director may work up to one hour before and one hour after normal work hours at the Principal's discretion. Full-time CPSB employees may work 40 hours per week in the Extended Day Program. All other Extended Day Program employees shall work less than 30 hour per week.

 

PAYROLL SCHEDULE

Payroll Schedule (Changes and Additions)

The Site Director's salary was elevated by fifteen cents an hour, and an annual supplement for bookkeeping was added. Support Worker, Class "A" was increased by fifty cents an hour. This was done because of the difficulty of finding workers to come for so few hours per week. Additional positions were created to allow the principal and site director the flexibility to design the administrative structure of the program to meet the needs in each school.

The average amount of weekly tuition collected will determine the hourly rate paid to each Site Director. Minor fluctuations in tuition will not change the rate of pay unless there is an increase or loss in tuition collected over three consecutive months or an anticipated permanent change in enrollment.

Site Director

Weekly Tuition #9; #9; #9; Employment

Annual S.D.

A.M. & P.M. P.M. Only Summer Year 1 #9; Year 2 Year 3 Supplement for

At Least: #9; At. Least: At Least: Hourly Rate Bookkeeping*

$ 200.00 #9; $160.00 $ 800.00 $ 7.15 $ 7.30 $ 7.45 #9; $ 0.00

$ 525.00 #9; $400.00 $1400.00 $ 8.50 $ 8.65 $ 8.80 #9; $ 75.00

$ 750.00 #9; $560.00 $2000.00 $ 9.60 $ 9.75 $ 9.90 #9; $ 150.00

$1050.00 #9; $800.00 $3000.00 $10.65 $10.80 $10.95 #9; $ 225.00

$1275.00 #9; $960.00 $4000.00 $11.70 $11.85 $12.00 #9; $ 300.00

 

 

Support Workers, Class "A" $ 6.00 $ 6.50 $ 7.00

Support Workers, Class "B" $ 8.00

Assistant Site Director $ 8.00

Program Director $ 8.00

Bookkeeper (Part-time only) $ 8.00

Substitute Workers $ 6.00

*This supplement is designed for Site Directors who also have the responsibility of bookkeeping. Annual bookkeeping supplement will be given at the end of the year as a one-time supplement. Employees working less than the full academic year will receive a prorated amount based on nine months of employment.

PURCHASING PROCEDURES (Alteration of 2 of the items)

  • The Site Director may complete a Requisition form (obtained from the CPSB Purchasing Department) which will be completed and submitted to the Purchasing Department. The Purchasing Department will issue a purchase order and purchase the items ordered. The purchased items will be delivered to the school. (Note: Some local stores do not provide delivery.) The invoice should be attached to a Billhead and submitted to C&I for approval. CPSB will issue a check directly to the vendor out of the school’s EDP account. (The last 2 statements only are additional.)
  • The Site Director may purchase and pay for items and then request reimbursement from the CPSB. To obtain reimbursement, the Site Director will complete the Employee Expense and Travel Reimbursement Voucher and attach the paid invoices. If the purchase was paid by check, a copy of both sides of the canceled check must also be attached. A CPSB check will be issued to the employee.

(The means of reimbursement was adjusted to indicate that employees use the travel voucher instead of the billhead and to reveal in advance that check-paid purchases require copies of the canceled check for evidence.)

NEW PROGRAMS (Additional items to accommodate Child Care Assistance)

  • Contact the Department of Social Services ChildCare Assistance Program Regional Office at 491-2370 to secure copies of their application packet for families needing assistance.
  • If enough students register for the program and its implementation seems feasible, complete the (1) Educational Program Provider Agreement form and submit it along with (2) File ABA from the CPSB Policy Manual citing the School Board as the agency in "authority" to create, operate and appraise public education in Calcasieu Parish and (3) IRS form W-9 to Child Care Assistance. (See D 13-19) This step may be postponed until you are contacted by that office because they have received a parent application for the school.

 

SUMMER PROGRAMS (Change of wording)

Change wording from, "Field trips are provided to a variety of sites in the Lake Charles area, "to" Field trips are provided to a variety of sites within Calcasieu Parish, usually within the city." (This acknowledges programs that exist in the Westlake, Maplewood, and Sulphur locations. It also limits trips to the parish limits. The "Lake Charles area" was open to interpretation.)

Servitude Agreement Between Calcasieu Parish School Board and Entergy at J. I. Watson Middle School

On motion by Mr. Armentor, seconded by Mr. Falgout and unanimously carried, the following Servitude Agreement Between Calcasieu Parish School Board and Entergy at J. I. Watson Middle School was approved:

RIGHT OF WAY INSTRUMENT

ENTERGY GULF STATES, INC. (LOUISIANA)

KNOW ALL MEN BY THESE PRESENTS THAT: CALCASIEU PARISH SCHOOL BOARD, herein represented by Wilridge P. Doucet, President, duly authorized, Grantor(s), acting individually, and for, and on behalf of, my/our heirs, successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively "grantor", for and in consideration of One Dollar, in hand paid, an d other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged does hereby grant, assign, convey unto and warrant and defend Entergy Gulf States, Inc., and its successors and assigns, collectively "Grantee", a right-of-way, servitude and easement 20 feet in width for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities, or the removal thereof, now or in the future, including, but not necessarily limited to, poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, nor or hereafter used, useful or desired in connection therewith by Grantee over, across, under or on that land of Grantor in the Parish of Calcasieu, State of Louisiana, described as follows, to-wit:

 

J. I. WATSON SCHOOL

Lots 2, 4, 6, 8 10 and 12 of Blocks 3 of the Town of Iowa, East of Thomson Avenue in Section 29, Township 9 South, Range 6 West, together with the right of ingress and egress to and from said right-of-way across the adjoining land of the Grantor and the right to attach wires and cables of any other party to Grantee’s facilities.

Unless otherwise herein specifically provided, the centerline of the electric power and communication lines initially constructed on this right-of-way shall be the centerline of said right-of-way and described as follows to-wit: Beginning at a point being the Southwest corner of Lot 12 of Block 3; thence Northeasterly 125 feet; more or less, to an angle point in Lot 10 of Block 3, 65 feet, more or less, East of the West line thereof; thence Northerly through Lots 6 and 8 and into Lot 4, 140 feet, more or less, (See sketch attached hereto and made a part thereof). The right to install anchors as shown on the attached sketch is also herein granted.

Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right-of-way and the further right to remove or modify from time to time trees, limbs, and/or vegetation outside the said right of way which the Grantee considers a hazard to any of its electric power or communications facilities or a hazard to the rendering of adequate and dependable service to Grantor or any of Grantee’s customers, by use of a variety of methods used in the vegetation management industry.

Grantor shall no construct or permit the construction of any structure, obstruction or other hazard within the said right-of-way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor’s fence(s) and Grantee’s facilities. Grantor shall not construct or permit the construction of any buildings or other structures on land adjoining said right-of-way in violation of the minimum clearances from the lines and facilities of Grantee, as provided in the National Electrical Safety Code.

IN WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this

1st Day of August , 2000.

WITNESSES: GRANTOR:

/s/Madolyn D. McCoy CALCASIEU PARISH SCHOOL BOARD

/s/Jeanette Leger BY: /s/Wilridge P. Doucet

President

ACKNOWLEDGEMENT

STATE OF LOUISIANA

PARISH OF Calcasieu Parish Schools

 

BEFORE ME, the undersigned notary, personally came and appeared

Madolyn D. McCoy , who being first sworn, did depose and say that he/she signed the foregoing instrument as a witness in the presence of Grantor, and another subscribing witness, all of whom signed in my presence, each signing in the presence of all the others, and that all of said signatures thereto are genuine and correct.

/s/Madolyn D. McCoy

Appearing Witness

Sworn to and subscribed before me this 1ST of August , 2000.

/s/Brenda J. Dyer

Notary Public

Servitude Agreement Between Calcasieu Parish School Board and Entergy at Iowa High School

On motion by Mr. Armentor, seconded by Mr. Falgout and unanimously carried, the following Servitude Agreement Between Calcasieu Parish School Board and Entergy at Iowa High School was approved:

RIGHT OF WAY INSTRUMENT

ENTERGY GULF STATES, INC. (LOUISIANA)

KNOW ALL MEN BY THESE PRESENTS THAT: CALCASIEU PARISH SCHOOL BOARD, herein represented by Wilridge P. Doucet, President, duly authorized, Grantor(s), acting individually, and for, and on behalf of, my/our heirs, successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively "grantor", for and in consideration of One Dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged does hereby grant, assign, convey unto and warrant and defend Entergy Gulf States, Inc., and its successors and assigns, collectively "Grantee", a right-of-way, servitude and easement 20 feet in width for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities, or the removal thereof, now or in the future, including, but not necessarily limited to, poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, nor or hereafter used, useful or desired in connection therewith by Grantee over, across, under or on that land of Grantor in the Parish of Calcasieu, State of Louisiana, described as follows, to-wit:

IOWA HIGH SCHOOL

Commencing at a point on the South right-of-way line of a public road (Miller Avenue, LA Hwy 27), said point being located 209 feet West of and 330 feet South of the Northeast corner of Section 30, Township 9 South Range 8 West; thence West along said South right-of-way line, 1047.8 feet; thence South 1300.4 feet; thence East 500 feet; thence North a599.5 feet; thence East 542.8 feet; thence North 700 feet to the point of commencement together with the right of ingress and egress to and from said right-of-way across the adjoining land of the Grantor and the right to attach wires and cables of any other party to Grantee’s facilities.

Unless otherwise herein specifically provided, the centerline of the electric power and communication lines initially constructed on this right-of-way shall be the centerline of said right-of-way and described as follows to-wit: Beginning at a point 35 feet South of the dead-end pole as described on that certain Servitude Agreement dated November 7, 1972 and filed in Conveyance Book 1211 at page 1, bearing file no. 1268784 of the records of Calcasieu Parish, Louisiana; thence Northwesterly 127 feet to a point that is 125 feet West at right angles to and 8 feet North of the above described dead-end pole.

Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right-of-way and the further right to remove or modify from time to time trees, limbs, and/or vegetation outside the said right of way which the Grantee considers a hazard to any of its electric power or communications facilities or a hazard to the rendering of adequate and dependable service to Grantor or any of Grantee’s customers, by use of a variety of methods used in the vegetation management industry.

Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said right-of-way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor’s fence(s) and Grantee’s facilities. Grantor shall not construct or permit the construction of any buildings or other structures on land adjoining said right-of-way in violation of the minimum clearances from the lines and facilities of Grantee, as provided in the National Electrical Safety Code.

IN WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this

1st Day of August , 2000.

WITNESSES: GRANTOR:

/s/Madolyn D. McCoy CALCASIEU PARISH SCHOOL BOARD

/s/Jeanette Leger BY:/s/Wilridge P. Doucet

President

ACKNOWLEDGEMENT

STATE OF LOUISIANA

PARISH OF Calcasieu Parish Schools

 

BEFORE ME, the undersigned notary, personally came and appeared

Madolyn D. McCoy , who being first sworn, did depose and say that he/she signed the foregoing instrument as a witness in the presence of Grantor, and another subscribing witness, all of whom signed in my presence, each signing in the presence of all the others, and that all of said signatures thereto are genuine and correct.

/s/Madolyn D. McCoy

Appearing Witness

 

Sworn to and subscribed before me this 1st of August, 2000.

/s/Brenda J. Dyer

Notary Public

 

BID REPORTS

Re-Roofing of Two-Story Building at DeQuincy Elementary School

The following bids were received for Re-Roofing of Two Story Building at DeQuincy Elementary School; General Funds; Bid #2000-09M; C. R. Fugatt, AIA:

VENDOR BASE BID

Mainland Industrial Coating $38,375.00

Morgan Roofing $48,500.00

On motion by Mr. Karr, seconded by Mrs. Duplechin and unanimously carried, the contract was awarded to Mainland Industrial Coating Base Bid in the amount of Thirty Eight Thousand Three Hundred Seventy-Five and No/100 - - - - - - - - - - Dollars ($38,375.00), as the lowest qualified bidder.

PERMISSION TO ADVERTISE

Advertisement for Sale of House to Be Moved

On motion by Mrs. Duplechin, seconded by Mr. Victorian and unanimously carried, the advertisement for the sale of a house to be moved on property acquired in Iowa, Louisiana, for expansion purposes of J. I. Watson, was approved.

School Buses for Calcasieu Parish School Board, Transportation Department

On motion by Mrs. Duplechin, seconded by Mr. Victorian and unanimously carried, permission to advertise for School Buses for Calcasieu Parish School Board, Transportation Department, Bid #2001-03, General Funds, was approved.

Renovations to Ralph Wilson Elementary School

On motion by C. Duhon, seconded by Ms. LaVergne and unanimously carried, the advertisement for Renovations to Ralph Wilson Elementary School; Bond Funds, School District #31, Moss Architects, Designer, was approved.

C. Duhon requested a list of renovations to be made to Ralph Wilson Elementary.

Iowa Area Schools – Phase Two, New LeBleu Settlement Elementary School

On motion by Mr. Armentor, seconded by Mr. Fontenot and unanimously carried, the advertisement for Iowa Area Schools, Phase Two, New LeBleu Settlement Elementary School; Bond Funds, School District #25; Moss Architects, Designer, was approved.

 

CORRESPONDENCE

Change Order #1 for the Project: Renovation to Iowa Area Schools, Phase I, Bond Funds, School District 25

On motion by Mr. Armentor, seconded by Mr. Falgout and unanimously carried, Change Order #1 for the Project: Renovation to Iowa Area Schools, Phase I, Bond Funds, School District 25, for an increase of $10,211.65 and seven (7) days, was approved.

Recommendation of Acceptance: Fire Code Renovations to Old Rosteet School

On motion by Mr. Victorian, seconded by Mrs. Duplechin and unanimously carried, the Recommendation of Acceptance for the Project: Fire Code Renovations to Old Rosteet School, Enhancement Funds; D. R. Fugatt, Designer; Construction Source, Contractor, was approved.

Change Order #1 for the Project: Sulphur High School Stadium Repair

On motion by J. Duhon, seconded by Mr. Victorian and unanimously carried, Change Order #1 for the Project: Sulphur High School Stadium Repair, for an increase of $2,830.00; General Funds; Charles Ladner & Associates, Consulting Engineers, was approved.

SUPERINTENDENT’S REPORT

Mr. Theriot announced that David Buller, Principal at Iowa High School, had been selected as the Quality Coordinator for Calcasieu Parish.

ANNOUNCEMENTS/REQUESTS

Mrs. Duplechin requested a letter of condolence to be sent to the family of Ronnie Romero. She expressed concern regarding employees not being able to drop School Board insurance until May, 2001. She requested a letter of thanks and congratulations be sent to Kerry Ardoin, Media Specialist, for the success of the Dusk to Dawn workshop held recently for teachers. Mrs. Duplechin announced that S. J. Welsh Middle School was having a lock-in workshop on August 13, 2000, and commended the Principal, James LeBlanc for offering this opportunity to the teachers.

Mr. Canaday joined Mrs. Duplechin in congratulating Kerry Ardoin on the success of the Dusk to Dawn Media Center workshop. He requested that an item addressing the possibility of studying the Bible as literature or history be placed on the Curriculum and Instruction Committee agenda.

Mr. Pitre requested that a thank you letter be sent to grant authors, Thail Pete, Tavie Bult and Vickie Carpenter, for the $267,000 Workforce Investment Act Grant received by the Career Center. Additionally involved in the grant were Diane Spurlock, Cynthia Franklin, Linda Hudson and Angie Lafarque.

Mr. Karr thanked the City of DeQuincy and employees who spent 26-30 hours doing major cleanup work at DeQuincy Middle School after a recent vandalism.

C. Duhon requested a letter of condolence to be sent to Helen Moore on the loss of her husband, Roscoe. She asked for a review of the SPARK program with minority student participation.

 

SCHEDULE STANDING COMMITTEE MEETINGS

Budget/Fiscal Management Committee – Tuesday, August 8, 2000 – 4:45 p.m.

Mr. Armentor and C. Duhon left the meeting.

EXECUTIVE SESSION

On motion by Mr. Falgout, seconded by Mr. Pitre and unanimously carried, the Board went into Executive Session at 5:40 p.m. to discuss personnel matters. The Board resumed regular open session at

6:10 p.m.

TAKE APPROPRIATE ACTION

Personnel

On motion by Mr. Karr, seconded by Mr. Falgout and unanimously carried, the following personnel changes, including the supplemental agenda, were approved as recommended by the Superintendent:

Resignations

Gwen Fontenot, Teacher, Combre Elementary, received July 24, 2000, effective May 31, 2000; Rosilyn Lewis, Teacher, T. H. Watkins Elementary, received July 15, 2000, effective May 31, 2000; Cynthia Bertrand, Vocational Education Consultant, Vocational Education Department, received July 14, 2000, effective August 4, 2000; Dwana Tucker, Teacher Aide, F. K. White Middle, received July 21, 2000, effective May 31, 2000; Mary Woodard, Teacher, LaGrange High, received July 20, 2000, effective May 31, 2000; Charla Pynes, Teacher, LaGrange High, received June 23, 2000, effective May 31, 2000; Brenda Farr, Teacher, W. W. Lewis Middle, received July 20, 2000, effective May 31, 2000; Sue Brown, Teacher, Aide, Career Center, received July 20, 2000, effective July 20, 2000; Kathlyn Grubb, Teacher, J. J. Johnson Elementary, received July 18, 2000, effective May 31, 2000; Ann Burleigh, Teacher, J. I. Watson Middle, received July 24, 2000, effective May 31, 2000; Amy Ingle, Teacher, LeBlanc Middle, received July 27, 2000, effective May 31, 2000; Barry Dawson, Teacher, Kennedy Elementary, received July 27, 2000, effective May 31, 2000; Ethel Duhon, Teacher, W. W. Lewis Middle/S. P. Arnett Middle, received July 28, 2000, effective May 31, 2000; Rachel Cormier, Teacher, Pearl Watson Elementary, received July 28, 2000, effective May 31, 2000; Scott Knox, A/C & Heating Technician, Maintenance Department, received July 31, 2000, effective August 11, 2000; Marci Smith, Teacher, Frasch Elementary, received August 1, 2000, effective July 26, 2000; Donna Broussard, Teacher, Bell City High, received July 31, 2000, effective May 31, 2000; Cynthia Bertrand, Vocational Education Consultant, Vocational Education Department, effective August 14, 2000, instead of August 4, 2000 as previously requested.

Retirement Notifications

Mary Anne Gentry, Hearing Impaired Teacher, College Oaks Elementary, effective May 31, 2000; Lenore Airhart, Teacher, Moss Bluff Elementary, effective May 31, 2000.

Leave Without Pay

Monette Drouilhet, Teacher, Frasch Elementary, 2000-2001 school session; Winifred Fowler, Clerk, Brentwood Elementary, beginning August 9, 2000 until September 29, 2000; Callie Andrews, Bus Driver, Jake Drost School for Exceptional Children, 2000-2001 school session; Carol Painter-Bruno, Teacher, S. J. Welsh Middle, 2000-2001 school session; Mary Wilkinson, Teacher, Career Center, 2000-2001 school session; Margaret Ayres, Teacher, LaGrange High, 2000-2001 school session; Marie-Nicole Zahm, Teacher, French Immersion, Henry Heights Elementary, August 16, 2000 until March 31, 2001; Janet Farque, Teacher Aide, Moss Bluff Elementary, August 16, 2000 until October 31, 2000; Tiffany Fontenot, Kindergarten Teacher, J. I. Watson Elementary, 2000-2001 school session.

Recommendations

On motion by Mrs. Pitre, seconded by Mr. Canaday and unanimously carried, Sue Way was named Principal for Nelson Elementary School.

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